'■15^"^ 


\^^5 


Laws  of  Minnesota 


Relating  to  the 


■I  public  School  System 


Including  the 


State  Normal  Schools 


and  the 


University  of  Minnesota 


Prepared  Under  the  Direction  of 

C.  G.  SCHULZ 

Superintendent  of  Education 

By  W.  H.  WILLIAMS 

of  the  St.  Paul  Bar 


ISlf 
SY>fDICATEJ  PRINTINO  CO. 
Minneapolis,  Minn. 


JL  C'i.  t^     ±-!JflJ    "^  > 


h^    \J  l^    %J  \A.   \J\^ 


Lavs   rf    Minn,   re 
l?^ting  to   the 
public   school 
system.'  j 


1915 


Laws  of  Minnesota 


Relating  to  the 


Public  School  System 


Including  the 


State  Normal  Schools 


id  th( 


University  of  Minnesota 


Prepared  Under  the   Direction  of 

C.  G.  SCHULZ 

Superintendent  of  Education 

By  W.  H.  WILLIAMS 

of  the  St.  Paul    Bar 
SOUTHERN  BRANCH, 

UNiVFftSlTY  OF  CALIFORNIA, 
LIBRARY, 

C.A6  ANOEUES,  OALIF. 


1915 

SYNDICATE    PRINTING    CO. 

Minneapolis,   Minn. 


980^3 


TABLE  OF  CONTENTS 


Section 

CHAPTER        I.     School  Districts;  Formation,  Change  of  Boundaries, 

Consolidation,  Association,  Dissolution 1-41 

CHAPTER       II.     School    Meetings;     Annual,    Special;     Conduct    of. 

Elections,  Powers,  etc Vl-vyr, 

CHAPTER  III.  School  Boards  and  Officers;  Constitution,  Elec- 
tion, Organization,  Powers;  Chairman,  Clerk, 
Treasurer;  Qualification,  Powers,  Duties 56-111 

CHAPTER      IV.     District    Indebtedness    and    Bonds;     Loans    from 

State    112-118 

CHAPTER       V.     Actions;    by    and    against    Districts;    Judgments; 

Penalties,   etc 119-140 

CHAPTER  YI.  Public  Schools;  High,  Graded,  Semi-graded,  Com- 
mon; Control,  Association  of.  Instruction 141-175 

CHAPTER  VII.  School  Taxes;  State,  County,  City,  District;  Lim- 
itation of.  Contracts  in  Excess  of 176-180 

CHAPTER  VIII.     School  Funds;    State  and  County  Apportionment; 

Payments  of;  Reports  on lSl-185 

CHAPTER  IX.  State  Aid  to  Schools;  Regulation,  Apportionment; 
For  Normal  Instruction,  For  Agricultural 
Training   186-212 

CHAPTER  X.  School  Text  Books  and  Libraries;  Selection,  State 
Aid  for.  Conditions  for  Sale,  Combinations  to 
Control  Prices,  Officers  and  Teachers  Forbid- 
den to  Deal  in 2l:V224 

CHAPTER  XI.  Compulsory  Education;  Child  Labor;  School  Cen- 
sus; Duties  of  Officers  and  Teachers;  Truant 
Officers;  Terms  of  Child  Employment,  etc 225-246 

CHAPTER    XII.     School   Administration 247 

Part  1 — Superintendent  of  Education 247-257 

Part  2 — County  Superintendents 258-275 

Part  3— High  School  Board 276-287 

Part  4 — Teachers;  Qualification  and  Training 
Examinations,  Certificates,  Employment  Bu- 
reau, Pensions,  Contracts  with 288-347 

CHAPTER  XIII.  State  University;  Management,  Departments,  In- 
struction, Maintenance    348-376 

CHAPTER  XIV.     State   Normal   Schools;    Management,   Instruction, 

Summer  Sessions,  Model  Schools 377-386 


EXPLANATORY  PREFACE 


This  compilation  contains  the  general  laws  of  Minnesota  of  practical 
use  and  application  relating  to  the  public  schools.  The  General  Statutes 
of  1913  are  taken  as  the  basis,  and  to  them  have  been  added  all  subse- 
quent laws   and   amendments. 

The  laws  have. been  arranged  by  subjects,  and  the  sections  numbered 
consecutively.  At  the  foot  of  each  section  is  given  the  number  of  the 
section  of  the  General  Statutes,  or  the  chapter  and  year  of  the  subsequent 
session  laws,  from   which  the   section   is   derived. 

Following  the  sections  will  be  found  annotations  in  small  type  giving 
the  substance  of  decisions  of  the  Supreme  Court  and  opinions  of  the 
Attorney  General.  The  references,  such  as  43  M.  312,  are  to  the  volume 
and  page  of  the  Minnesota  Supreme  Court  Reports,  regular  edition,  and 
the  references,  such  as  (Gil.  352)  added,  are  to  the  GilfiUan  edition  of  the 
Supreme  Court  Reports.  References,  such  as  "Young,  page  187,"  or  "Smith, 
April  14,  1913,"  are  to  the  name  of  the  Attorney  General  who  gave  the 
opinion,  and  the  page  of  his  report  where  the  opinion  may  be  found,  or 
the  date  thereof,  as  the  case  may  be. 

The  index  references  are  to  the  sections  of  (his  compilation. 


CHAPTER   I. 

SCHOOL  DISTRICTS. 

Sectiou  1.  School  districts— For  school  purposes  the  state  is  divided 
into  common,  special,  and  independent  school  districts,  each  of  which  shall 
be  a  public  corporation.  Common  school  districts  shall  be  numbered 
consecutively  in  each  county,  and  each  shall  be  known  as  school  district 

No of county.     A  district,  when  situate  in  two  or 

more  counties,  shall  be  known  as  joint  school  district  No of 

and counties.     Independent  school  districts  shall  be  known 

by  the  names  or  numbers  given  them  at  their  organization.     (2671) 

School  districts  are  corporations  witli  limited  powers;  and  the  duties  of  the 
trustees  or  board  are  public  and  administrative  only.  They  ai-e  not  liable  to  in- 
dividuals for  neglect  or  nonfeasance. — 49  M.   106. 

When  a  school  district  has  acted  as  such,  has  borrowed  money,  issued  bonds, 
voted  taxes,  and  been  dealt  with  by  the  state  as  a  district,  both  it  and  the  state 
are    estopped   to   question   its   legal   organization. — 85   M.    230. 

When  a  district  has  exercised  the  franchises  and  privileges  of  a  district  for 
one  year,  there  is  a  conclusive  presumption  in  the  nature  of  a  statute  of  limita- 
tion  that  it  is  legally  organized. — 54   M.   203. 

The  organization  of  a  district,  or  the  validity  of  the  acts  of  its  officers,  is 
not  vitiated  by  neglect  of  the  officers  elected  to  file  acceptance  of  office. — Cole, 
p.    117. 

Special  districts  should  be  known  and  designated  by  the  name  of  their  incor- 
poration and   a  number   is  not  required  by  law. — Douglas,   July  13,   1901. 

On  appeal  it  was  held  as  follows:     (119  M.   119): 

1.  The  question  of  when  school  districts  may  be  formed,  or  their  boundaries 
changed,   is  a  legislative  one  which  has  been  delegated  to  the   county  boards. 

2.  The  question  of  formation  or  change  of  boundaries  of  districts  must, be 
determined  by  the  consideration  of  the  best  interepts,  present  and  future,  of  the 
people  of  the   territory,   considered  as  a  whole: 

3.  The  "best  interests"  of  the  territory  affected,  as  used  in  section  1285,  K. 
L.,  means  the  best  interests  of  the  people  of  the  whole  territory.  The  interests  of 
the  most  populous  portion  or  those  of  the  sparsely  settled  portion  cannot  be  in- 
dependently considered:  for  the  interests  of  the  strong  can  never  be  the  measure 
of  the  rierhts  of  the  weak. 

A  school  district  is  not  responsible  in  damages  on  account  of  accidents  to 
instructors  or  pupils  occurring  in  the  performance  of  their  duties  assigned  by  the 
board,  such  as  laboratory  work  and  manual  training,  on  the  ground  that  school 
districts  are  quasi  municioal  corporations  exercising-  a  s-nvernment  function  from 
which  it  derives  no  pecuniary  profit     (Smith,  April  14,  1913.) 

2.  Formation  of  districts — A  majority  of  the  freeholders  qualified  to 
vote  for  school  officers  residing  upon  any  territory  not  less  than  four 
sections  in  extent,  and  in  which  reside  not  less  than  twelve  children  of 
school  age,  whether  or  not  such  territory  be  in  whole  or  in  part  included 
in  any  existing  common,  independent,  or  special  school  district,  may 
petition  the  county  board  of  the  proper  county  to  make  such  territory  a 
school  district,  common  or  independent.     (2672) 

A  petitioner,  after  signing  a  remonstrance,  cannot  be  claimed  as  a  petitioner. 
— Hahn,    May   29,    1886. 

The  revised  statutes  provide  that  a  petition  for  the  alteration  of  a  echool 
district,  the  territory  of  which  lies  in  two  counties,  shall  be  presented  to  the 
board  of  county  commissioners  of  each  county,  of  course,  for  their  concurrent 
action.  It  is  therefore  necessary  that  the  proposed  alterations  shall  be  agreed  to 
by  each   of  the  boards   before   it   can   take  effect. — ^Colville,  p.   239. 

A  married  woman  is  not  a  freeholder  because  her  husband  is'  sifoli,  nor  is  the 
husband   a   freeholder  because   the  wife   is   such.— Wilson,    p.    345. 


8  SCHOOL   DISTRICTS. 

3.  Same;   petition  for — The  petitions  shall  cunlain: 

1.  A  correct  ilesoiiption  of  the  territory  to  be  included  in  such  pro- 
posed district. 

2.  The  number  of  persons  re.siding  therein. 

o.  The  names  and  ages  of  all  children  of  school  age  residing  therein, 
and  the  existing  district  in  which  each  such  child  lives. 

4.  The  districts  in  which  such  territory  lies,  and  the  number  of  such 
•  hildren  in  each  such  district. 

5.  The  reasons  for  the  formation  of  the  proposed  district. 

Such  petitions  shall  be  acknowledged  by  the  petitioners  and  submitted 
to  the  county  superintendent,  and  if  he  shall  approve  of  the  same  he  shall 
endorse  such  approval  in  writing  upon  said  petition,  stating  his  reasons 
therefor;  and  if  he  shall  disapprove  of  same  he  shall  indorse  thereon  in 
writing  his  reasons  for  such  disapproval.     (2673) 

A  person  signing  a  petition  for  the  creation  of  a  school  district  may  withdraw 
his  signature  therefrom  by  the  signing  of  a  remonstrajice  or  otherwise. — Child.s, 
July  28,   1893. 

The  hoard  of  county  commissioners  may  permit  the  amendment  of  a  petition 
for  the  formation  of  a  school  district  when  such  amendment  is  assented  to  in 
writing  by   all  of   the  persons  signing   the   same. — Childs,   Dec.   21,    1894. 

4.  Same;  notice  of  hearing — Upon  the  presentation  of  such  petition, 
the  county  board  shall  appoint  a  time  and  place  for  hearing  thereon,  and 
shall  cause  two  weeks'  published  notice  thereof  to  be  given  in  the  county, 
and  ten  days'  posted  notice  in  each  district  affected.  Such  notice  shall 
also  be  served  on  the  clerk  of  each  district,  by  mail,  at  least  ten  days 
before  the  time  set  for  hearing,  and  the  auditor's  certificate  shall  be  proof 
of  the  mailing.     (2674) 

5.  Same;  proceedings  on  hearing — At  the  hearing  the  board  shall 
receive  any  evidence  and  consider  any  arguments  for  and  against  such 
proposed  organization,  and  shall  make  an  order  either  granting  or  denying 
the  petition;  and,  if  the  petition  be  granted,  the  order  shall  particularly 
describe  the  district,  state,  its  name  or  number,  shall  be  signed  by  the 
chairman,  and  attested  and  filed  with  the  auditor,  who  shall  mail  to  the 
clerk  of  each  district  affected  a  copy  thereof,  and  shall  cause  ten  days' 
posted  notice  to  be  given  of  a  meeting  to  organize  such  district.  The 
board  may  adjourn  the  hearing  from  time  to  time,  upon  the  recommenda- 
tion or  with  the  written  approval  of  the  county  superintendent,  enlarge  or 
change  the  boundaries  proposed  in  the  petition.      (2675) 

When  a  petition  signed  by  a  majority  of  the  resident  freeholders  is  jiresented 
to  the  county  board,  jurisdiction  is  not  lost  by  reason  of  the  fact  that  after  the 
l>etition  was  signed  the  number  of  resident  freehoWers  increased  so  that  at  th<,' 
date  of  hearing  the  signers  constituted  less  than  a  majority. — 89  M.  351. 

A  petition  for  the  formation  of  a  new  school  district  should  be  presented  to 
the  county  superintendent,  and  it  is  his  duty  to  either  approve  or  disapprove  the 
same  in  writing,  giving  his  reasons  for  his  action  in  either  event,  before  the  same 
is   presented    to    the   county    commissi'juers. — Simpson,    Jan.    12.    1910. 

6.  Same,  setting  land  off  to  adjoining  district — When  any  freeholder 
shall  present  to  the  board  of  any  county  a  petition,  verified  by  him,  stating 
that  he  owns  land  in  such  county  adjoining  any  district  therein,  or  separated 
therefrom  by  not  more  than  one-quarter  section,  and  that  such  intervening 
land  is  vacant  and  unoccupied,  or  that  its  owner  is  unknown,  and  that  he 
desires  his  said  land,  together  with  such  intervening  land,  set  off  to  such 


SCHOOL  DISTRICTS.  9 

adjoining  district,  and  his  reasons  for  asking  ijucli  change,  the  board,  upon 
notice  and  hearing  as  in  other  cases,  and  upon  proof  of  all  the  allegations 
of  the  petition,  may  make  its  order  granting  the  same,  and  like  notice  of 
such  change  shall  be  given  as  in  other  cases; 

Provided;  that  any  person  or  oflScer  of  any  school  district  aggrieved 
by  any  order  of  the  county  board  made  pursuant  to  the  provisions  of  this 
section,  or  by  any  order  of  the  county  board,  made  on  the  rehearing  before 
it  of  any  such  petition,  may  appeal  to  the  district  court  from  such  order, 
such  appeal  to  be  governed  by  the  provisions  of  Section  2676,  General 
Statutes,  1913.     (2704,  as  amended  by  chapter  113,  Laws  1915). 

7.  Same,  districts  to  be  composed  of  adjoining  territory — All  districts 
shall  be  composed  of  adjoining  territory,  and  any  part  of  a  district  not  so 
situated,  and  not  containing  a  school  house  used  as  such,  shall  be  by  the 
county  board,  upon  notice  as  in  other  cases,  attached  to  a  proper  district. 
(2705) 

8.  Same,  plats  and  description  of  districts — The  county  auditor  shall 
keep  in  his  office  books  containing  a  correct  plat  and  description  of  each 
district  organized,  whether  wholly  or  partly  in  his  county.     (2706) 

9.  Same,  appeal  from  order — Any  person  aggrieved  may  appeal  from 
such  order  to  the  district  court  of  the  county  upon  the  following  grounds: 

(1)  That  the  county  board  had  no  jurisdiction  to  act. 

(2)  That  it  has  exceeded  its  jurisdiction. 

(3)  That  its  action  is  against  the  best  interests  of  the  territory 
affected. 

Such  appeal  shall  be  taken  by  serving  upon  the  county  auditor  within 
thirty  days  from  the  making  of  the  order  a  notice  of  appeal,  specifying 
the  grounds  thereof.  The  appellant  shall  also  execute  and  deliver  to  the 
auditor  a  bond  to  the  county  in  the  sum  of  one  hundred  dollars,  to  be 
approved  by  the  county  auditor,  conditioned  for  the  payment  of  all  cor.ts 
taxed  against  the  appellant  on  such  appeal.  Such  further  proceedings  shall 
be  had  upon  such  appeal  as  upon  other  appeals  from  the  county  board. 
(2676) 

The  county  board,  as  the  representatives  of  the  public,  to  whom  is  entrusted 
the  matter  of  forming  school  districts,  may  appeal  from  an  order  of  the  district 
court    reversing    its   action. — 43    M.    312. 

Where  the  county  board  has  granted  a  petition  for  dividing  a  school  district, 
and  an  appeal  has  been  taken  to  the  district  court,  the  money  in  the  hands  of  the 
district  treasurer,  which  has  been  apportioned  by  the  county  commissioners  to  tlie 
new  district,  the  treasurer,  for  his  own  protection,  should  retain  and  decline  to 
pay  over  the  same  until  the  legality  of  the  proceedings  has  been  determined  by 
the   court. — Simpson,    Sept.    17,   1909.  . 

10.  Change  of  boundaries — By  like  proceedings,  and  upon  petition  of 
the  majority  of  the  freeholders  of  each  district  affected,  qualified  to  vote 
at  school  meetings,  the  boundaries  of  any  existing  district  may  be  changed, 
or  two  or  more  districts  consolidated  or  one  or  more  districts  annexed 
to  an  existing  district.  No  change  in  the  boundaries  of  a  district  by 
organization  of  a  new  district  or  otherwise  shall  be  made,  so  as  to  leave 
the  old  district  without  at  least  one  school  house  used  for  school  purposes, 


10  SCHOOr.  DISTRICTS. 

nor  ahall  any  change  ol"  districLs  in  any  way  all'ecL  the  liabilities  of  the 
territory  so  changed  upon  any  bond  or  other  obligation;  but  any  such  real 
estate  shall  be  taxed  for  such  outstanding  liability  and  interest,  as  if  no 
change  had  been  made.  In  case  of  the  consolidation  or  annexation  of 
districts,  whether  under  the  foregoing  or  any  other  provisions  of  the  law, 
action  shall  be  brouglit  by  or  against  the  new  or  remaining  district  upon 
any  cause  existing  in  favor  of  or  against  any  discontinued  district,  but  a 
judgment  in  such  action  against  such  existing  district  shall  be  satisfied 
only  from  taxes  upon  the  real  property  included  in  the  discontinued 
district,  when  the  liablility  was  incurred.     (2677) 

If  a  part  of  a  district  is  separated  from  it  by  annexation  to  another,  or  by 
the  erection  of  a  new  district,  the  old  district  still  retains  all  its  property  and  is 
responsit)le  for  all  its  aebis,  unless  some  other  provision  is  maae  by  the  act 
authorizing  the   separation.    (40  M.    13). 

uivisions  and  awards  of  moneys,  funds,  etc.,  made  by  the  county  board,  are 
Koverncd  by  the  rules  applicable  to  other  awards.  Technical  precision  is  not  re- 
iiuired,    but   there   must    be   no   uncertainty   as    to   intention.    (67   M.   402.) 

Upon  a  division  of  a  district,  the  county  board  cannot  abrogate  nor  modify 
contracts  of  the  old  district;  but  should  make  an  order  fixing  the  liability  arising 
out  of  such  contracts.  The  old  district  is  liable  on  contracts  entered  into  prior 
to  division,   unless   the  county   board  provide   otherwise.    (Young,   p.   201.) 

An  old  district,  out  of  a  part  of  which  a  new  district  has  been  formed,  cannot 
afterwards  vote  a  tax  upon  the  new  district  to  pay  bonds  issued  prior  to  such 
division;  but  in  case  of  failure  of  the  new  district  to  levy  its  share  of  the  tax,  the 
county  auaitor,  under  section  787,  R.  L.,  may  levy  its  proportionate  share  and 
extend  it  on  the  tax  lists.  Such  tax  should  be  levied  upon  both  real  and  per- 
sonal property.    (Young,   p.    183.) 

A  tax  levied,  but  not  collected,  before  the  division,  is  subject  to  distribution. 
(Childs,    June   29.    1894.) 

Upon  division  of  a  school  district  moneys  on  hand  raised  for  the  purpose  of 
building  a  school  house  are  subject   to  division.    (Childs,   Sept.   18,   1893.) 

The  county  board,  in  proceedings  for  change  of  boundaries,  cannot  include 
land  not  referred  to  in  the  petition  and  not  represented  at  the  hearing;  and  if  it 
does,  the  district  court,  on  appeal,  may  modify  the  order  so  that  such  land  shall 
be  restored  to   its  proper  district.    (120  M.   443.) 

The  county  board  may  enlarge  a  district  having  wholly  within  its  limits  an 
incorporated  village  of  the  character  specified  by  the  statute,  by  including  lands 
wholly   within  the  village  but  contiguous  to  the  district.    (153   N.  W.  Rep.   253.) 

11.  Same;  cities  and  villages — When  any  incorporated  borough,  villatTe 
or  city  of  seven  thousand  or  less  inhabitants,  has  within  its  limits  a  school 
district,  however  organized,  or  is  wholly  or  partly  included  within  the  boun- 
daries of  any  school  district,  however  organized,  or  whenever  any  such 
school  district  shall  include  within  its  boundaries  part  or  the  whole  of  any 
incorporated  borough,  village  or  city  of  seven  thousand  inhabitants  or  less, 
the  boundaries  of  any  such  district  or  districts  may  be  enlarged  or  changed 
so  as  to  include  all  lands  within  the  corporate  limits  of  such  borough,  city 
or  village  or  so  as  to  include  lands  within  and  outside  of  such  incorporated 
borough,  city  or  village,  but  contiguous  to  said  district  in  the  following 
manner,  to-wit: 

Whenever  a  majority  of  the  legal  voters  residing  within  such  school 
district  shall  petition  the  board  of  county  commissioners  of  the  couniy 
wherein  such  district  is  situated  for  an  enlargement  of  such  district,  and 
shall  file  a  petition  with  the  auditor  of  said  county,  it  shall  be  the  duty 
of  the  board  of  county  commissioners  at  its  next  regular  meeting,  or  special 
meeting,  to  set  a  time  and  place  for  hearing  upon  such  petition,  and  it 
shall  cause  a  copy  of  the  notice  of  such  hearing  to  be  posted  in  some 
public  place  in  each  district  to  be  affected  by  such  proposed  change,  and  a 
copy  thereof  to  be  served  upon  the  clerk  of  each  of  said  districts,  at  least 


SCHOOL  DISTRICTS.  11 

ten  (10)  days  before  the  time  appointed  for  such  hearing.  The  posting  of 
such  copy  of  notice  shall  be  proven  by  the  afhdavit  of  the  person  posting 
the  same;  said  affidavit  shall  state  the  time  and  place  of  posting  and 
serving  of  the  copy  of  notice  as  herein  specified,  and  upon  filing  proof  of 
the  posting  and  serving  of  such  notice  in  the  office  of  the  county  auditor, 
the  board  of  county  commissioners  shall  at  the  time  and  place  fixed,  pro- 
ceed with  the  consideration  of  such  matter  and  shall  hear  all  evidence 
offered  by  any  person  interested,  tending  to  show  what  territory  should  be 
included  within  such  district,  and  having  heard  the  evidence  they  shall,  if 
they  find  it  conducive  to  the  good  of  the  inhabitants  of  the  territory 
affected,  proceed  to  enlarge  the  said  school  district  as  asked  for  in  the 
petition,  and  to  fix  the  boundaries  thereof  and  of  all  the  remaining  school  diij- 
tricts  thereby  affected,  attaching  to  or  detaching  contigous  territory  to  or 
from  any  such  districts,  in  such  manner  as  in  their  judgment  the  best  in- 
terests of  the  persons  and  districts  thereby  affected  may  require;  provided, 
that  no  action  or  order  changing  any  boundaries  of  any  school  district  shall 
be  valid  unless  and  until  the  foregoing  requirements  as  to  posting  and 
serving  of  notices  have  been  observed;  and  provided  further,  that  when- 
ever the  territory  affected  by  any  of  the  foregoing  proceedings  lies  in  two 
or  more  counties,  like  proceedings  shall  be  had  in  each  county  affected, 
and  no  order  in  such  proceedings  shall  be  valid  unless  concurred  in  by 
the  county  boards  of  all  such  counties  affected.     (2677) 

12.  Same;  apportionment  of  funds — At  the  time  of  making  such  division, 
enlargement  or  change  of  boundaries,  the  county  commissioners  shall 
apportion  to  the  district  so  enlarged  that  portion  of  the  debts  of  said 
other  districts  as  may  seem  to  them  right  and  proper,  and  said  apportion- 
ment when  so  made  shall  be  binding  upon  all  the  districts  affected,  and 
the  county  commissioners  may  also  apportion  to  said  districts  so  enlarged, 
such  portion  of  the  property  of  such  other  districts  as  shall  seem  to  them 
just  and  proper.  Said  last  mentioned  apportionment  shall  be  subject  to 
review  by  the  district  court.      (2677) 

13.  Same;  appeal — And  provided  further,  that  any  person  or  officer 
of  any  school  district  aggrieved  by  any  order  of  the  county  board  made 
pursuant  to  the  provisions  of  this  section,  may  appeal  to  the  district  court 
from  such  order,  such  appeal  to  be  governed  by  the  provisions  of  section 
2676.      (2677) 

14.  Same;  rehearing  before  county  board — When  the  boundaries  of 
any  district  have  been  changed  by  order  of  the  county  board,  if  there  shall 
be  filed  with  the  auditor  a  petition  to  such  board  for  rehearing,  signed  by 
not  less  than  five  freeholders,  legal  voters  in  said  district,  the  auditor  shall 
present  the  same  to  the  board  at  its  next  meeting.  The  board  shall  there- 
upon set  a  time  and  place  for  rehearing,  and  shall  cause  notice  thereof  to 
be  served  on  the  clerks  of  the  districts  affected  by  such  change,  and  posted 
as  in  case  of  the  original  petition.  The  hearing  may  be  adjourned  from 
time  to  time,  and  the  board  shall  make  such  order  in  the  premises  as  it 
shall  deem  just.     (2703) 

15.  Same;  division  of  funds  where  new  school  districts  are  formed — 
That  whenever  the  boundaries  of  any  school  district  are  changed,  or  when 


]2  SCHOOL  DISTRICTS. 

a  school  aistric'l  is  loniunl  troin  territory  comprisiug  two  or  more  districts, 
or  when  any  school  district  is  divided,  the  county  board  shall  make  a 
division  of  all  moneys,  funds  and  credits  belonging  to  such  districts  and 
shall  make  an  award  of  such  moneys,  funds  and  credits  to  the  district  or 
districts  affected  by  such  change,  and  in  making  such  award  the  com- 
missioners shall  take  into  consideration  the  indebtedness,  if  any.  of  the 
district  so  divided,  and  shall  make  such  division  as  they  deem  just  and 
equitable.     (2696) 

^\■he^e  a  school  district  lia.s  voted  upon  and  caiTied  the  i>roijosiliun  to  issue 
l>oiuls  and  procures  a  loan  from  the  state  for  the  purpose  of  building  a  school 
house,  and  such  money  has  been  received  from  the  state,  and  thereafter  the 
school  district  is  divided,  a  new  district  being  formed  out  of  part  thereof,  the 
money  so  received  and  in  the  treasury  of  the  district  at  the  time  of  the  formation 
of  the  new  district,  should  be  taken  into  consideration  by  the  county  commission- 
ers, in  making  the  apportionment  of  f\inds  and  credits,  as  provided  by  law. 
(Simpson,   Jan.    11,   1010.) 

At  the  time  of  making  the  order  for  the  formation  of  a  new  district,  the  coun- 
ty commissioners  should  arrange  for  a  division  of  the  funds  and  credits  between 
the  school  districts  affected  by  such  order,  upon  an  equitable  basis,  but  if  the 
division  is  not  made  at  that  time,  it  can  be  made  at  a  later  meeting  of  the  board, 
although  the  safer  source  is  as  first  stated.  It  is  not  necessary  for  the  petition  for 
the  formation  of  a  new  school  district  to  call  for  a  division  of  the  funds;  such  a 
division   is   provided   by   law.    (Simpson,   .June   24,   1909.) 

When  the  county  board  has  made  an  order  detaching  territory  from  a  school 
district,  as  provided  by  chapter  13,  G.  L.  1909,  and  an  appeal  has  been  taken 
from  the  order  of  the  district  court,  and  the  matter  is  pending  there,  such  appeal 
suspends  the  operation  of  the  order,  and  until  it  is  determined  the  status  of  the 
territory  in  question  remains  the  same  as  though  no  order  had  been  entered, 
and  is  taxable   in   the  old   district.    (Simpson,   November   S,   1909.) 

Section  2696  applies  to  all  money  in  the  treasury  at  the  time  of  orgajiization 
of  new  district,  including  funds  for  the  construction  of  a  new  schoolhouse  in  the 
old  district;  and,  the  division  of  such  a  fund  is  not  unlawful  diversion  of  funds 
raised    for   a  specific   purpose.    (126   M.    209.) 

The  division  of  funds  under  Section  2696  rests  in  the  sound  discretion  of  the 
board;  and  the  courts  will  not  interfere  where  it  does  not  appear  such  exercise 
of   discretion   has   been   art)i(rary.    (126   -\r.    209.) 

16.  Same;  duties  of  county  auditor — When  a  school  district  has  been 
formed  from  territory  comprising  two  or  more  districts,  or  where  a  school 
district  has  been  divided  and  the  county  board  has,  by  resolution,  made  a 
division  of  the  moneys,  funds  and  credits  belonging  to  such  districts,  the 
auditor  of  the  county  shall  be  required  to  make  a  division  of  all  the 
moneys,  funds  and  credits  evidenced  by  the  records  in  his  office  pursuant 
to  and  as  required  by  said  resolution.     (2697) 

17.  Same;  districts  in  two  or  more  counties — Whenever  the  territory 
affected  by  any  of  the  foregoing  proceedings  lies  in  two  or  more  counties, 
like  proceedings  shall  be  had  in  each  county  affected,  and  no  order  in  such 
proceedings  shall  be  valid  unless  concurred  in  by  the  county  boards  of  all 
such  counties.  (2682) 

18.  Change  of  common  to  independent  district — Any  common  or  special 
district  may  be  changed  to  an  independent  district  as  hereinafter  provided. 
(2698) 


19.  Same;  notice  of  meeting — To  effect  such  change,  ten  days'  posted 
notice  of  a  meeting  shall  be  given,  signed  by  six  or  more  resident  free- 
holders, stating  the  object  of  the  meeting,  and  notifying  the  voters  of  said 


SCHOOL  DISTRICTS.  13 

district  to  assemble  upon  a  specified  day,  at  a  place  in  said  district  named 
in  said  notice,  then  and  there  to  vote  by  ballot  upon  the  question  of  or- 
ganization as  an  independent  district.      (2699) 

20.  Same;  vote  upon  change — At  the  time  and  place  mentioned  in 
said  notice,  the  electors  assembled  shall  appoint  a  chairman,  assistant 
chairman,  and  clerk,  who  shall  be  the  judges  of  such  election.  The  voting 
shall  be  by  ballot,  and  those  favoring  such  change  shall  write  upon  their 
ballot,  "Independents  district — Yes,"  and  those  against,  "Independent 
district— No."     (2700) 

Women  have  a  ri.^ht  tt)  vote  on  the  question  of  change  from  common  to  inde- 
pendent school  districts,  and  on  all  questions  involving  the  interests  of  the  dis- 
trict.   (Donahower,   p.    132.) 

21.  Same;  meeting  to  elect  officers — If  a  majority  of  votes  cast  be  in 
favor  of  the  change,  the  clerk  shall  forthwith  give  notice  thereof  to  the 
county  auditor,  and,  within  twenty  days  thereafter,  shall  call  a  meeting  to 
elect  officers,  upon  ten  days'  posted  notice,  and  the  same  proceeding  shall 
thereafter  be  had  as  in  the  organization  of  other  independent  districts: 
and  the  officers  of  the  common  or  special  district  shall  act  as  officers  of 
the  new  district  until  the  qualification  of  officers  and  organization  of  the 
nef  board.     (2701) 

22.  Change  of  independent  to  common  district;  independent  district — 
Any  independent  district  may  change  its  organization  to  that  of  a  common 
school  district  by  a  vote,  by  ballot,  of  two-thirds  of  the  electors  voting  upon 
the  question  at  any  annual  or  special  meeting,  notice  having  been  given 
that  such  question  would  be  submitted  at  such  meeting.  In  case  of  such 
affiirmative  vote,  the  meeting  shall  elect  the  proper  officers  in  the  same 
manner  as  in  the  organization  of  a  common  school  district,  and  the  chair- 
man, treasurer,  and  clerk  of  the  independent  district  shall  be  the  chairman, 
treasurer,  and  clerk,  respectively,  and  shall  constitute  the  board  of  the 
common  district  until  their  successors  shall  qualify,  a.nd  the  common  dis- 
trict shall  in  all  things  be  the  successor  of  the  independent  district.   (2702) 

23.  Consolidation  of  districts — Two  or  more  school  districts  of  any 
kind  may  consolidate  either  by  the  formation  of  a  new  district  or  by  the 
annexation  of  one  or  more  districts  or  unorganized  territory  to  an  existing 
district  in  which  is  maintained  a  state  graded,  semi-graded,  or  high  school 
as  hereinafter  provided. 

A  district  so  formed  by  consolidation  or  annexation  shall  be  known  as 
a  consolidated  school  district.  Before  any  steps  are  taken  to  organize  a 
consolidated  school  district,  the  superintendent  of  the  county  in  which  the 
major  portion  of  territory  is  situated,  from  which  it  is  proposed  to  form  a 
consolidated  school  district,  shall  cause  a  plat  to  be  made  showing  the 
size  and  boundaries  of  the  new  district,  the  location  of  school  houses  in 
the  several  districts,  the  location  of  other  adjoining  school  districts  and 
of  school  houses  therein,  and  the  assessed  valuation  of  property  in  the 
proposed  district,  together  with  such  information  as  may  be  of  essential 
value,  and  submit  the  same  to  the  superintendent  of  education,  who  shall 


14  SCHOOL   DISTRICTS. 

approve,  modify,  or  reject  the  plan  so  proposed,  and  certify  his  conclusion? 
to  the  county  superintendent  of  schools.     (Section  1,  chapter  238,  Laws  1915.) 

You  state  that  a  township  and  three  sections  in  an  adjoining  township  com- 
prise three  school  districts,  and  you  inquire  as  to  whether  the  people  in  the 
township  can  consolidate  by  forming  one  consolidated  school  district  and  leave 
out    the    three    sections    in    question. 

I  am  of  the  opinion  that  your  inctuiry  is  to  be  answered  in  the  negative.  The 
law  relative  to  the  con.solidation  of  districts  contemplates  the  consolidating  of 
two  or  more   entire  school  districts   into  one  con.solidated   district.    (Smith,    19i2.) 

In  consolidation  proceedings,  a  plat  not  in  strict  conformity  with  the  statute 
but  accepted  and  approved  by  the  county  and  state  superintendents  and  made  the 
basis  of  all  subsequent  proceedings,  is  irregular  merely  but  does  not  affect  the 
jurisdiction   of   the   proceedings.    (122   M.    389.) 

The  petition  for  an  election  on  the  question  of  consolidation  of  districts  must 
state  the  location  of  the  districts  by  naming  the  county  and  state.  (153  N.  W. 
Rep.   112.   ) 

24.  Same;  petition  for;  notice  of  election-^After  approval  by  the 
superintendent  of  education  of  the  plan  for  the  formation  of  a  consolidated 
school  district,  and  upon  presentation  to  the  county  superintendent  of  a 
petition  signed  and  acknowledged  by  at  least  twenty-five  (25)  per  cent  of 
the  resident  freeholders  of  each  school  district  or  area  affected,  qualified 
to  vote  at  school  meetings,  asking  for  the  formation  of  a  consolidated 
school  district  in  accordance  with  the  plans  approved  by  the  superintendent 
of  education,  the  county  superintendent  shall,  within  ten  days,  cause  ten 
days'  posted  notice  to  be  given  in  each  district  affected,  and  one  week's 
published  notice,  if  there  be  a  newspaper  published  in  such  district,  of  an 
election  or  special  meeting  to  be  held  within  the  proposed  district,  at  a  time 
and  place  specified  in  such  notice,  to  vote  upon  the  question  of  consolida- 
tion.    (Section  3,  chapter  238,  Laws  1915). 

tjn  the  question  of  consolidation,  the  petition  for  an  election  is  jurisdictional, 
and  it  must  be  signed  by  the  number  of  legal  voters  of  each  district  required  by 
the  statute,  namely  25  per  cent;  and  a  petition  signed  by  less  is  wholly  inef- 
fectual.   (122  M.   390.) 

Two  or  more  petitions  may  be  circulated,  one  in  each  district,  instead  of  one 
specified  by  the  statute,  in  proceedings  for  consolidation  of  districts.   (122  M.  389.) 

Election  notices  posted  on  Sunday  where  they  remained  on  the  following  Mon- 
day, which  was  the  last  day  for  posting,  are  valid;  and  when  so  posted  on  Sun- 
day it  is  to  be  presumed  they  remained  posted  on  the  following  Mondav.  (127 
M.    84.)  6  .      V 

The  posting  of  a  notice  of  meeting  for  voting  on  consolidation  in  one  place, 
instead  of  three  places,  is  not  sufficient.     (Smith,  May  4,  1915.) 

25.  Conduct  of  election;  officers — At  such  meeting  the  electors  shall 
elect  from  their  number  a  chairman  and  clerk,  who  shall  be  the  officers  of 
the  meeting.  The  chairman  shall  appoint  two  tellers,  and  the  meeting  and 
election  shall  be  conducted  as  are  annual  meetings  in  common  and  in- 
dependent districts.  The  vote  at  such  election  or  meeting  shall  be  by 
ballot,  which  shall  read  "For  Consolidation,"  or  "Against  Consolidation." 
The  officers  at  such  meeting  or  election  shall,  within  ten  days  thereafter, 
certify  the  result  of  the  vote  to  the  superintendent  of  the  county  in  which 
such  district  mainly  lies.  If  a  majority  of  the  votes  cast  be  for  consolida- 
tion, the  county  superintendent  within  ten  days  thereafter  shall  make 
proper  orders  to  give  effect  to  such  vote,  and  shall  thereafter  transmit  a 
copy  thereof  to  the  auditor  of  each  county  in  which  any  part  of  any  district 
affected  lies,  and  to  the  clerk  of  each  district  affected,  and  also  to  the 
superintendent  of  education.  If  the  order  be  for  the  formation  of  a  new 
district,  it  shall  specify  the  number  of  such  district.  The  county  super- 
intendent shall  also  cause  ten  days'  posted  notice,  and  one  week's  published 
notice,  if  there  be  a  newspaper  published  in  such  district,  to  be  given  of  a 


SCHOOT.  DISTRICTS.  15 

meeting  to  elect  officers  of  the  newly  formed  consolidated  school  district; 
provided,  that  the  board  of  a  consolidated  school  district  shall  form  and 
after  the  formation  of  the  consolidated  district  have  all  the  powers,  priv- 
ileges and  duties  now  conferred  by  law  upon  boards  of  independent  districts. 
After  the  formation  of  any  consolidated  school  district,  appeal  may  be  taken 
as  now  provided  by  law  in  connection  with  the  formation  of  other  school 
districts.  Nothing  in  this  act  shall  be  construed  to  transfer  the  liability 
of  existing  indebtedness  from  the  district  or  territory  against  which  it, 
was  originally  incurred.     (Section  4,  chapter  238,  Laws  1915). 

Participation  in  the  election  on  the  question  of  consolidation  does  not  estop 
those  who  oppose  consolidation  from  questioning'  the  validity  of  the  election. 
(122   M.    384.) 

After  the  order  for  consolidation,  official  acts  of  officers  of  a  de  facto  school 
district  are  valid,  even  though  the  proceedings  are  defective  under  the  statute. 
(122  M.   391.) 

On  appeal  in  consolidation  proceedings,  the  appellant  may  be  heard  to  insist 
that  the  officers  charged  witli  the  conduct  of  the  proceedings  had  no  jurisdiction 
or  that  the  consolidation  was  against  the  best  interests  of  the  territory  affected. 
(122    M.    387.) 

On  appeal  in  consolidation  proceedings,  the  county  superintendent  is  not  a 
necessary   party.    (122    M.    392.) 

On  appeal,  in  formation  and  consolidation  proceedings,  the  district  court 
has  power  to  pass  upon  the  questions  of  jurisdiction  of  officers,  and  whether  or 
not  the  consolidation  is  arbitrary  and  unreasonably  injurious  to  the  rights  of 
those   affected.    (122   M.    384.) 

26.  Same;  of  district  with  another  having  high,  graded,  or  semi-gradod 
school — In  like  manner,  one  or  more  school  districts  may  be  consolidated 
with  an  existing  district  in  which  is  maintained  a  state  high  or  graded,  or 
semi-graded  school  in  a  district  containing  an  incorporated  village,  in  which 
case  the  school  board  of  the  district  maintaining  a  state  high  or  graded, 
or  semi-graded  school  in  a  district  containing  an  incorporated  village,  shall 
continue  to  be  the  board  governing  the  consolidated  school  district,  until 
the  next  annual  school  election,  when  successors  to  the  members  whose 
terms  then  expire  shall  be  elected  by  the  legally  qualified  voters  of  the 
consolidated  school  district;  provided,  however,  that  in  the  case  of  con- 
solidation with  a  school  district  in  which  there  is  maintained  a  state  high 
or  graded,  or  semi-graded  school  in  a  district  containing  an  incorporated 
village,  consolidation  shall  be  effected  by  vote  of  the  rural  school  districts 
only,  in  the  manner  provided  under  this  act,  and  by  the  approval  of  such 
consolidation  of  the  rural  district  or  districts  with  the  one  in  which  there 
is  maintained  a  state  high  or  grade,  or  semi-graded  school  in  a  district 
containing  an  incorporated  village,  by  the  school  board  thereof.  (Section  5 
capter  238,  Laws  1915). 

Where  a  eommon  school  district  is  consolidated  with  another  in  which  is 
maintained  a  state  graded  school,  the  consolidated  district  so  formed  does  not 
become  an  independent  district  except  upon  compliance  with  all  the  requirements 
of  the  law;  and  until  such  full  compliance,  the  organization  of  the  district  con- 
taining such  state  graded  or  high  school  continues,  and  the  board  of  that  district 
remains  the   board   of  the   consolidated  district.    (Smith,   July  31,   1913.) 

27.  Same;  of  unorganized  with  existing  district — In  like  manner  any 
portion  of  an  unorganized  school  district  or  district  governed  by  a  county 
board  of  education  may  be  consolidated  with  an  existing  district  in  which 
is  maintained  a  state  high,  graded  or  semi-graded  school,  by  a  vote  of  the 
county  board  of  education  in  the  county  in  which  is  located  such  unorganized 
territory  and  by  the  approval  of  such  consolidation  of  the  unorganized  ter- 
ritory by  the  school  board  of  the  district  in  which  is  maintained  a  state 
graded,  semi-graded  or  high  school.     (Section  6,  chapter  238,  Laws  1915). 


](i  SCHOOI-    DISTKICTS. 

US.  Same;  certificate  of;  transfer  of  records  and  property — The  officers 
of  the  several  districts  forming  a  consolidated  school  district  shall  within 
ten  days  from  receipt  of  copy  of  the  order  of  the  county  superintendent 
certifying  the  formation  of  the  new  district,  or  immediately  after  election 
and  qualification  of  members  of  the  school  board  in  the  consolidated  school 
district,  turn  over  to  the  proper  officers  of  the  newly  elected  school  board, 
or  to  the  proper  oQicers  of  the  school  board  in  the  district  maintaining  the 
state  high  or  graded,  or  semi-graded  school,  all  records,  funds,  credits, 
buildings,  property  and  other  effects  of  their  several  districts.  (Section  7 
chapter  238,  Laws  1915). 

29.  Same;  power  to  provide  schools,  sites,  transportation  facilities — 
For  the  purpose  of  promoting  a  better  condition  in  rural  schools,  and  to 
encourage  industrial  training,  including  the  elements  of  agriculture,  manual 
training  and  home  economics,  the  board  in  a  consolidated  school  district 
is  authorized  to  establish  schools  of  two  or  more  departments,  provide  for 
the  transportation  of  pupils,  or  expend  a  reasonable  amount  for  room  and 
board  of  pupils  whose  attendance  at  school  can  more  economically  and 
conveniently  be  provided  for  by  such  means;  locate  and  acquire  sites  of 
not  less  than  two  acres,  and  erect  necessary  and  suitable  buildings  there- 
on, including  a  suitable  dwelling  for  teachers,  when  money  therefor  has 
been  voted  by  the  district.  They  shall  submit  to  the  superintendent  of 
education  a  plat  of  the  school  grounds,  indicating  the  site  of  the  proposed 
buildings,  plans  and  specifications  for  the  school  building  and  its  equip- 
ment, and  the  equipment  of  the  premises.  (Section  8,  chapter  238,  Laws 
1915.) 

School  districts  are  not  liable  for  injuries  to  pupils.  Tlie  public  schools  are 
public  institutions  performing  a  public  duty.  However,  this  rule  does  not  apply 
to  drivers  of  rigs  employed  to  transport  pupils  to  and  from  schools.  Such  a 
driver  is  liable  for  the  consequences  of  his  own  negligence  or  want  of  ordinary 
care.  The  bond  required  of  sucli  driver  is  simply  a  guarantee  for  the  faithful 
discharge  of  his  duties,  and  cannot  be  construed  as  covering  any  accidents  of 
that    character.    (Smith,    Jan.    22,    1914.) 

30.  Same;  classification  of,  for  state  aid — For  receiving  state  aid 
schools  in  consolidated  districts  shall  be  classified  as  A  and  B.  Schools 
of  Class  A  shall  be  in  session  at  least  eight  months  in  the  year  and  be 
well  organized.  They  shall  have  suitable  school  houses  with  the  necessary 
rooms  and  equipment.  Those  belonging  to  Class  A  shall  have  at  least  four 
departments  and  those  belonging  to  Class  B,  at  least  two  departments.  The 
board  in  a  consolidated  school  district  maintaining  a  school  of  either  class 
shall  arrange  for  the  attendance  of  all  pupils  living  two  miles  or  more  from 
the  school,  through  suitable  provision  for  transportation  or  for  the  boarding 
and  rooming  of  such  pupils  as  may  be  more  economically  and  conveniently 
provided  for  by  such  means. 

(2)  Besides  maintaining  schools  in  consolidated  districts  conforming 
to  the  requirements  of  those  coming  under  classes  A  and  B,  the  school 
board  may  maintain  other  schools  of  not  more  than  two  departments,  and 
redeive  state  aid  for  these  as  provided  for  semi-graded  and  rural  schools. 

31.  Same;  qualification  of  principal  of,  for  state  aid— The  principal 
of  a  consolidated  school  shall  be  qualified  to  teach  the  elements  of  agri- 
culture, as  determined  by  such  tests  as  are  required  by  the  superintendent 


SCHOOL,  DISTRICTS.  17 

of  education.  A  school  of  this  class  shall  have  suitable  rooms  and  equip- 
ment for  industrial  and  other  work,  a  library,  and  necessary  apparatus  and 
equipment  for  efficient  work,  and  a  course  of  study  embracing  such  branches 
as  may  be  prescribed  by  the  superintendent  of  education. 

(2)  The  principal  and  other  teachers,  including  special  teachers,  shall 
have  such  qualifications  as  may  be  fixed  by  the  superintendent  of  education. 

32.  Same;  amounts  of  aid  to  classes  A  and  B — School  under  Class  A 
in  consolidated  districts  shall  receive  annually  aid  of  five  hundred  dollars 
($500);  those  under  Class  B  shall  receive  annually  aid  of  two  hundred  and 
fifty  dollars  (?250). 

In  addition  to  such  annual  aid,  schools  shall  receive  annually  the  amount 
reasonably  expended  for  the  trasportation  of  pupils,  not  to  exceed  two 
thousand  dollars    ($2,000.00). 

In  addition  to  other  annual  aid  consolidated  schools  of  either  of  the 
above  classes  shall  receice  an  amount  to  aid  in  the  construction  of  build- 
ings, equal  to  twenty-five  (25)  per  cent  of  the  cost  of  such  buildings,  but 
no  school  shall  receive  more  than  a  total  of  two  thousand  dollars  ($2,000.00) 
for  aid  in  construction  of  buildings.  The  annual  aid  and  the  aid  for 
buildings  shall  be  paid  in  the  same  manner  as  now  provided  by  law  for  the 
payment  of  other  state  aid  to  public  schools. 

Whenever  any  school  in  a  consolidated  district  attains  the  rank  of  a 
state  high  or  graded  school  it  shall  possess  the  rights  and  privileges  of 
such  school. 

33.  Same;  prior  laws  relating  to,  repealed— Sections  1289,  1290,  1291, 
1292,  1293  Revised  Laws  1915,  and  chapter  326,  Session  Laws  of  1905,  and 
chapter  304,  Session  Laws  of  1907.  Chapter  207,  Session  Laws  of  1911,  and 
chapters  279  and  428,  Session  Laws  of  1913,  and  other  acts  and  parts  of 
acts  inconsistent  herewith  are  hereby  repealed. 

34.  Same;  title  to  property,  officers — In  case  of  the  formation  of  a 
new  district,  like  proceedings  shall  be  had  within  ten  days  after  the  or- 
ganization of  such  district,  and  in  all  cases  of  change  of  boundaries  or 
consolidation  of  districts  the  title  to  school  houses  and  sites  shall  vest 
in  the  district  in  which  such  property  is  included  after  such  change  or 
consolidation;  and  in  case  of  consolidation  the  officers  of  the  old  districts 
shall  continue  to  exercise  their  duties  until  the  officers  of  the  new  district 
quality.     (2695) 

35.  Dissolution  of  districts — Any  district  in  which  for  two  years  no 
school  has  been  held  may  be  dissolved  by  the  county  board,  and  its  ter- 
ritoi-y  attached  to  one  or  more  existing  districts,  upon  notice  as  in  other 
cases  of  change  of  boundaries,  in  the  most  equitable  manner  possible,  and 
with  regard  to  the  convenience  of  the  inhabitants;  and  any  funds  belong- 
ing to  such  dissolved  district  after  the  payment  of  its  debts  shall  be 
distributed  among  such  districts  by  the  auditor  in  proportion  to  the  asssessed 
value  of  the  real  property  so  attached  to  each.     (2685) 

A  county  board  has  authority,  on  its  own  initiative,  to  dissolve  a  school  dis- 
trict in  which  a  school  has  not  been  maintained  for  two  years  or  more,  provided 
the  required  notice  has  been  given:  and  a  petition  is  not  necessary,  (Smith, 
May  3,   1913.) 


]H  SCHOOL   DISTRICTS. 

liO.  Same;  petition  for;  approval  of  county  superintendent — Any  com- 
mon school  district  (  )  in  any  county  liaving  a  county  board  of  education 
may  be  dissolved,  annulled  and  discontinued  by  tlie  county  board  as  here- 
inafter provided.  A  petition  requesting  the  taking  of  such  action  shall  be 
presented  to  said  county  board  and  shall  contain  a  correct  description  of 
the  territory  included  in  said  district,  the  number  of  persons  residing 
therein,  the  total  assessed  valuation  of  all  property  within  said  district 
and  request  that  such  district  be  dissolved,  annulled  and  discontinued. 
Such  petition  shall  be  signed  by  a  majority  of  the  freeholders  qualified  *o 
vote  for  school  officers  in  said  district  and  before  being  presented  to  the 
county  board  it  shall  be  approved  by  the  county  superintendent  of  schools 
if  such  petition  meets  with  his  approval,  and  it  shall  also  be  approved  by 
the  county  board   of  education.      (2789) 

37.  Same;  notice  of  hearing  petition  of  county  board — Upon  the 
presentation  of  such  petition  approved  as  aforesaid,  the  county  board  shall 
designate  a  time  for  hearing  the  same  and  notice  thereof  shall  be  given 
in  the  manner  provided  by  law  for  notice  in  the  case  of  the  information 
of  the  school  district.      (2790) 

38.  Same;  appeal  from  action  of  board — At  such  hearing  the  board 
shall  act  in  a  manner  similar  to  the  action  provided  by  law  for  the  forma- 
tion of  districts,  and  any  person  aggrieved  may  appeal  in  like  manner. 
(2791) 

39.  Same;  county  board;  disposition  of  funds — If  said  petition  is 
granted  by  the  county  board,  then  said  school  district  shall  from  that  time 
cease  to  exist  and  all  of  the  territory  thereof  and  the  schools  previously 
conducted  by  it  shall  then  come  under  the  jurisdiction  of  the  county  board 
of  education  of  said  county,  and  shall  thereafter  be  managed  by  said 
county  board  of  education  in  the  same  manner  as  if  said  district  had 
never  been  organized.  And  it  shall  be  the  duty  of  the  oflBcers  of  said 
vacated  school  district  to  forthwith  deliver  to  the  county  auditor  of  said 
county  all  of  the  books  and  records  of  said  school  district,  and  to  the 
county  treasurer  all  of  the  money  and  school  funds  in  its  possession,  and 
said  county  treasurer  shall  forthwith  credit  all  such  moneys  and  school 
funds  to  the  account  of  the  county  board  of  education  of  such  county. 
The  county  treasurer  shall  thereafter  credit  to  the  account  of  said  county 
board  of  education  all  moneys  and  school  funds  thereafter  collected  from 
any  previous  tax  levy  maide  by  said  school  district,  except  such  moneys 
and  school  funds  as  are  derived  from  taxes  levied  for  the  purpose  of 
paying  the  bonds  or  interest  on  the  bonds  of  any  such  school  district. 
(2792) 

40.  Same;  outstanding  obligations — All  incurred  and  outstanding  ob- 
ligations of  any  district  so  discontinued  and  vacated  shall  be  and  remain 
a  charge  upon  the  property  formerly  within  said  district  to  the  same  effect 
as  if  said  district  had  not  been  discontinued,  and  the  county  auditor  shall 
each  year  levy  against  all  of  the  taxable  property  within  the  limits  of  said 
former  school  district  a  suflBcient  levy,  not  to  exceed  the  maximum  pro- 
vided by  law,  for  the  cancellation  and  liquidation  of  such  outstanding  in- 


SCHOOIi  MEETINGS.  19 

debtedness,  such  levy  to  be  made  year  after  year  until  said  entire  in- 
debtedness is  cancelled  and  extinguished.  And  the  amount  levied  by  the 
county  board  of  education  upon  all  taxable  property  in  unorganized  ter- 
ritory shall  be  levied  upon  the  property  within  the  limits  of  said  former 
school  district  in  addition  to  the  amount  so  levied  by  said  auditor  and  in 
the  same  proportion  that  it  is  levied  upon  the  taxable  property  in  said 
county  outside  of  organized  school  districts.     (2793) 

41.  Same;  certain  counties  exempt — This  act  shall  not  apply  to  any 
county  or  counties  not  having  a  county  board  of  education  as  provided 
by  chapter  76,  General  Laws  1907.     (2793) 


CHAPTER   II. 

SCHOOL  MEETINGS. 


42.  Annual  meeting — The  annual  meeting  of  all  common  and  inde- 
pendent districts  shall  be  held  on  the  third  Saturday  in  July,  at  7  o'clock 
p.  m.,  unless  a  different  hour  has  been  fixed  at  the  preceding  annual  meet- 
ing, upon  ten  days'  posted  notice  given  by  the  clerk,  and  specifying  the 
matters  to  come  before  such  meeting;  but  the  failure  of  the  clerk  to  give 
such  notice,  or  to  specify  the  business  to  be  transacted  thereat  shall  not 
affect  the  validity  of  any  business,  except  the  raising  of  money  to  build 
or  purchase  a  school  house,  the  authoriizng  of  an  issue  of  bonds,  the  fix- 
ing of  a  school  house  site,  the  organization  as  an  independent  district,  or 
the  change  from  an  independent  to  a  common  district.  The  boards  of 
education  or  trustees  in  special  school  districts  may  fix  the  time  of  the 
annual  meeting,  when  so  authorized  by  vote  of  the  district;  provided,  that 
the  polls  at  all  school  meetings  shall  be  held  open  at  least  one  hour.     (2710) 

The  time  and  place  of  an  annual  meeting  need  nut  be  designated  at  the  last 
preceding  annual  meeting.    (12   M.    17)    (Gil  1.) 

A  notice  of  meeting  over  the  signature  of  five  or  more  freeholders,  qualified 
electors  of  the  district,  but  which  fails  to  recite  on  its  face  that  the  signers  were 
such   freeholders,   is  not  void  for  want   of  such  recital.    (45  M.   88.) 

When  the  polls  at  a  school  meeting  have  been  held  open  for  one  hour  and  the 
ballots  counted,  they  cannot  thereafter  be  opened  and  another  ballot  taken,  even 
when    there   has   been   no    choice. 

At  the  election  of  school  officers,  a  plurality  of  votes  only  is  necessary  to  a 
choice,  and  not  a  majority  of  all  the  votes  cast  under  section  1308,  R.  L#.  (Young, 
July,    1906.) 

A  school  meeting  may  be  held  open  until  the  business  is  transacted,  whether 
it  be  for  an  hour  or  more,  under  section  1305.     (Young,  p.  185.) 

The  term  "posted  notice"  shall  mean  the  posting  at  the  beginning  of  the  pre- 
scribed period  of  notice,  of  a  copy  of  the  notice  or  document  referred  to,  in  a, 
manner  likely  to  attract  attention,  in  each  of  three  of  the  most  public  places  in 
the  district  to  which  the  subject-matter  of  the  notice  relates,  or  in  which  the 
thing  of  which  notice  is  given  is  to  occur  or  be  performed.  (Sub.  14,  section  5514, 
R.   L.   1905.) 

43.  Same;  district  clerk  to  mail  notice — The  annual  school  meeting 
of  any  common  school  district  may  in  its  discretion  authorize  and  direct 
the  district  clerk  to  mail  a  notice  of  annual  and  special  school  meetings 
to  the  electors  of  the  district,  at  least  five  days  before  the  date  of  the 
meeting;  provided,  that  the  failure  or  neglect  of  the  clerk  to  mail  such 
notice  shall  not  affect  or  invalidate  the  said  meeting  or  the  business 
transacted  thereat.      (2713) 


20  SCHOOL   MEETINGS. 

44.  Special  meetings — Upon  the  written  request  of  five  freeholders 
and  voters  of  a  district,  specifying  the  business  to  be  acted  upon,  or  upon 
the  adoption  of  a  proper  resolution,  so  specifying,  by  the  school  board,  or 
upon  a  request,  so  specifying,  signed  by  a  majority  of  the  members  of  the 
school  board,  the  clerk  shall  call  a  special  meeting  of  such  district  upon 
ten  days'  posted  notice  and  one  week's  published  notice,  if  there  be  a 
newspaper  printed  in  such  district,  and  shall  specify  in  such  notice  the 
business  named  in  such  request  or  resolution  and  the  time  and  place  of 
meeting.  If  there  be  no  clerk  in  the  district,  or  if  he  fails  for  three  days 
after  receiving  such  request  or  resolution  to  give  notice  of  such  meeung. 
it  may  be  called  by  like  notice  signed  by  five  freeholders  and  voters  of 
the  district.  No  business  except  that  named  in  the  notice  shall  be  trans- 
acted at  such  meeting. 

In  case  it  shall  be  made  to  appear  by  affidavit  that  there  are  not  five 
voters  who  are  freeholders  in  any  school  district,  or  that  there  is  not  a 
legal  school  board  therein,  the  county  superintendent  of  schools  of  the 
county  in  which  such  district  is  located,  shall,  if  in  his  opinion  there  Is 
need  for  such  school  meeting,  call  such  meeting  by  giving  notice  thereof 
as  hereinbefore  provided.     (2711) 

The  powers  of  a  school  district  are  the  same  at  a  special  as  at  an  annual 
meeting.— 12  M.   17   (Gil.   1.) 

When  two  requests  or  petitions  for  meetings  to  consider  different  matters, 
are  filed,  it  is  immaterial  which  meeting  is  first  called;  though  the  natural  and 
orderly  course  is  to  call  the  meetings  in  the  order  in  which  requests  were  filed. — 
Young,   May,    1907. 

When  a  petition  is  filed  with  the  clerk  for  a  special  meeting,  it  is  his  duty  to 
call  such  meeting  by  posted  and  published  notices:  and  if  he  fail  to  do  so,  such 
meeting  may  be  called  by  like  notices  signed  by  five  freeholders  of  the  district. 
It  is  neither  necessary  nor  proper  that  the  board  act  upon  such  petition  or  request. 
—Young,  May,   1907. 

A  special  school  meeting  to  bond  a  school  district  to  build  a  new  schoolhouse 
cannot  lawfully  be  held  on  Memorial  Day,  May  30th,  and  the  state  board  of  invest- 
ment would  not  accept  bonds  voted  on  that  day,  and  would  not  loan  state  money 
thereon. — Simpson,    June    8,    1910. 

It  is  not  proper  for  the  electors  at  a  special  school  meeting  to  appoint  a 
building  committee  consisting  of  two  members  of  the  board  and  o^^"  outsider,  to 
dispose  of  an  oM  schoolhouse,  and  let  a  contract  for  a  new  one.  When  a  school 
district  votes  to  build  a  school  house,  designates  a  site  and  provides  funds  for 
the  purpose,  the  trustees  of  the  district  are  charged  with  the  duty  of  executing 
the  will   of  the  district   in   the   premises. — Simpson,   July   22,  1909. 

Under  sections  1306,  1308,  1320,  R.  L,.,  the  site  of  a  schoolhouse  may  be 
changed  at  a  special  meeting  of  the  voters.  (141  Northwestern  Reporter,  page 
801.) 

A  schoolhouse  site  may  be  changed  at  a  special  meeting  of  the  voters  called 
for  the  purpose  pursuant  to  section   27ll.      (121   M.   376.) 

Where,  at  a  special  meeting,  the  proposition  to  change  the  location  of  a 
schoolhouse  was  voted  on  and  declared  carried  by  the  moderator,  it  sufficiently 
appears  it  was  carried  by  the  vote  required,  although  the  proof  did  not  show  the 
affirmative   voters    were   a    majority    of    the   resident   voters.      (121    M.    376.) 

45.  Elections;  conduct  of  in  certain  independent  districts — In  all  in- 
dependent school  districts  in  this  state,  having  within  their  boundaries 
four  or  more  organized  villages,  the  school  board  shall  at  least,  thirty 
days  before  the  next  annual  school  meeting  to  be  held  in  such  districts  after 
the  passage  of  this  act,  by  resolution  in  writing,  divide  the  district  into 
precincts  for  the  purpose  of  electing  members  of  the  school  board,  voting 
on  the  issue  of  bonds,  and  on  all  other  matters  specifically  submitted  for 
vote  by  ballot;  and  may  thereafter  change  the  boundaries  of  such  precincts, 
consolidate  two  or  more,  or  establish  new  ones,  as  the  convenience  of  the 
voters  shall  require.  Such  resolutions  shall  describe  the  precincts,  giving 
the  boundaries  thereof,  fix  a  polling  place  at  some  school  building  in  each 


SCHOOL  MEETINGS.  21 

precinct  most  convenient  and  accessible  to  the  majority  of  voters  therein, 
and  shall  be  filed  in  the  office  of  the  district  school  clerk,  and  a  copy 
thereof  forthwith  filed  in  the  office  of  the  county  auditor  of  the  county 
wherein  the  district  is  located.      (Section  1,  chapter  111,  Laws  1915). 

46.  Same;  notice  of,  when  polls  to  be  open — The  regular  elections 
held  in  said  precincts  shall  be  on  the  Saturday  next  preceding  the  annual 
school  meeting  of  such  district.  The  polls  shall  be  opened  and  closed  al 
the  hours  fixed  by  the  previous  annual  meeting,  except  that  at  the  first 
election  held  after  the  passage  of  this  act  the  hours  of  opening  and  closing 
the  polls  shall  be  fixed  by  the  school  board.  Notice  of  such  elections  shall 
be  given  in  each  precinct  in  the  same  way  and  for  the  same  length  of 
time  as  provided  by  law  for  annual  school  meetings,  stating  the  time  and 
place,  and  the  matters  to  be  voted  on;  and  no  proposition,  except  the 
election  of  officers,  shall  be  voted  on  by  ballot  unless  specified  in  the 
notice.      (Section   2,   chapter  111,  Laws  1915). 

47.  Same;  organization  and  conduct  of — At  least  twenty  days  before 
the  next  annual  school  meeting  of  such  district,  said  school  board  shall, 
by  resolution  filed  with  the  clerk  of  the  board,  appoint  from  the  resident 
electors  a  moderator  or  judge  of  election  and  two  clerks  from  each  precinct. 
The  clerk  of  said  school  board  shall  immediatelw  notify  in  writing  each 
person  so  appointed,  of  his  appointment,  and  such  person  if  present  at  the 
hour  set  for  opening  the  polls,  shall  qualify,  open  the  polls  and  conduct 
such  elections  the  same  as  elections  are  conducted  at  annual  school  meet- 
ings. If  any  of  such  appointed  afficers  are  absent  or  fail  to  act  at  the 
hour  set  for  opening  the  polls,  the  electors  present  may  choose  any  elector 
then  present  to  fill  the  vacancv,  who  shall  qualify  and  act.  Each  voter 
shall  after  marking  his  ballot,  fold  the  same  so  as  not  to  disclose  any 
markings  thereon,  hand  the  same  to  the  moderator,  who  shall  deposit  it 
in  the  ballot  box.  The  election  officers  shall  keep  a  poll  list  in  which 
they  shall  write  the  name  of  each  elector  voting,  numbering  the  same  -n 
consecutive  order.  At  the  time  fixed  the  polls  shall  be  closed,  and  the 
officers  of  election  in  each  precinct  shall  forthwith  count  the  votes  and 
certify  the  results  of  the  vote  to  the  clerk  of  the  district,  place  the  certi- 
ficate, poll  list,  ballots  and  all  other  records  of  such  election,  in  an  envelope, 
securely  seal,  and  mail  or  deliver  the  same  forthwith  to  the  clerk  of  the 
district.      (Section  3,  chapter  111,  Laws   1915). 

48.  Same;  canvass  of  vote;  declaration  of  result;  board  to  canvass 
votes — The  school  board  shall  canvass  said  votes  and  declare  the  results 
thereof  at  the  next  annual  school  meeting.  The  result  shall  then  stand, 
and  the  board  shall  take  such  action  in  regard  to  said  election  and  all 
matters  voted  upon  thereat,  as  if  the  election  had  been  held  at  such 
annual  meeting.     (Section  4,  chapter  111,  Laws  1915.) 

49.  Same;  special;  when  held;  conduct  of — Special  elections  may  be 
called  and  held  in  such  districts  the  same  as  heretofore  provided  by  law, 
except  that  in  all  matters  to  be  voted  upon  by  ballot,  such  elections  shall 
be  held  in  such  precincts  instead  of  at  a  school  meeting.  Notice  of  such 
special  elections   shall  be  given   in   the   same  way  and  for  the   same  time 


22  SCHOOL*  MEETINGS. 

as  is  now  provided  by  law  for  special  elections  in  independent  school 
districts.  The  election  officers  appointed  for  the  regular  election  shall 
preside  at  such  subsequent  special  elections,  and  vacancies  by  reason  of 
absence  or  failure  of  any  such  officer  to  act,  may  be  filled  in  like  manner 
as  at  regular  elections.  Such  special  elections  shall  be  conducted  and  the 
records  thereof  certified  to  the  school  board  the  same  as  for  regular 
elections.  The  school  board  shall  canvass  the  vote  and  declare  the  result 
thereof  within  three  days  after  the  receipt  of  such  returns  from  all  the 
various  precincts.     (Section  5,  chapter  111,  Laws  1915). 

50.  Same;  application  of  general  laws  to — Except  as  herein  specifically 
provided,  the  general  laws  relating  to  the  holding  of  school  meetings,  special 
school  meetings,  and  special  elections  in  independent  school  districts,  shall 
be  applied,  construed  and  used  by  said  school  boards  and  by  said  officers  of 
elections  in  carrying  out  the  provisions  of  this  act.  (Section  5,  chapter 
111,  Laws  1915). 

51.  Rights  of  women  as  electors  and  officers — Women  may  vote  for 
school  officers  and  members  of  library  boards,  and  shall  be  eligible  to  hold 
any  office  pertaining  to  the  management  of  schools  or  libraries.  Any 
women  of  the  age  of  twenty-one  years  and  upward  and  possessing  the 
qualifications  requisite  to  a  male  voter,  may  vote  at  any  election  held  for 
the  purpose  of  choosing  any  officers  of  schools  or  any  members  of  library 
boards,  or  upon  any  measure  relating  to  schools  or  libraries,  and  shall  be 
eligible  to  hold  any  office  pertaining  to  the  management  of  schools  and 
libraries.     (Article  7,  section  8,  State  Constitution). 

\  woman  who  is  entitled  to  vote,  and  is  a  freeholder,  can  sign  petitions  and 
remonstrances  respecting  the  formation  and  alteration  of  school  districts. — Clapp, 
August   28,   188S. 

A  foreign-born  woman  becomes,  under  the  laws  of  the  United  States,  a  citizen 
when  she  marries  a  citizen,  and,  if  married,  then  when  her  husband  becomes 
a  citizen,  and  if  married  to  a  citizen,  she  may,  if  she  possesses  the  other  neces- 
sary qualifications,  vote  without  taking  out  any  naturalization  papers,  but  to 
entitle  her  to  the  rights  of  citizenship,  her  husband,  if  foreign  born,  must  have 
taken  out  his  full  citizenship  papers,  that  is,  his  second  papers,  so  called. — Clapp, 
April    13,    1887. 

Women  may  vote  upon  the  question  of  fixing  the  site  for  a  schoolhouse. — 
Chii'ds,   February  21,   1895. 

Women  may  vote  upon  the  question  of  the  issuance  of  bonds  for  the  purpose 
of   erecting   school   buildings. — Childs,   February   21,    18£5. 

Women  twenty-one  years  of  age  and  otherwise  eligible  are  entitled  to  vote  at 
school  meetings  on  question  of  issuance  of  district  bonds. — Douglas,  April  3, 
1899. 

There  is  no  property  qualification  required  to  entitle  a  person  otherwise 
qualified  to  vote  at  an  annual  school  meeting  upon  the  question  of  raising  money 
for  improvements  in  the  district.  The  same  general  qualifications  maintain  as 
for  general  elections. — Simpson,  August  3,  1909. 

A  commission  form  of  city  government  including  provisions  for  the  estab- 
lishment and  maintenance  of  schools  and  voted  upon  and  adopted  by  the  voters, 
exclusive  of  women,  is  not  in  contravention  of  the  constitutional  provision  relat- 
ing to  the  establishment  and  maintenance  of  a  system  of  public  schools.  (128 
Minn.   82.) 

52.  Records  to  be  evidence — The  records  of  all  school  districts  and 
boards,  and  all  transcripts  thereof,  or  of  any  part  thereof,  certified  by  the 
clerk  or  other  officer  having  custody  thereof,  shall  be  prima  facie  evidence 
of  the  facts  therein  stated,  and  all  records,  books  and  papers  of  such 
district  or  board  shall  be  subject  to  the  inspection  of  any  voter  of  the 
district.      (2714) 


SCHOOL  MEETINGS.  23 

A  record  of  a  meeting-  which  states  tliat  it  was  held  "pursuant  to  notice 
previously  given  in  writing  agreeably  to  the  statute"  is  prima  facie  evidence  of  a 
regular    notice. — 12    M.    17    (Gil.    1.) 

From  an  allegation  that  a  regular  meeting  was  held  at  which  a  certain  vot<- 
was  had,   it  will   be  presunud   the   nieciiug  was  valid. — 31   M.    227. 

53.  Powers  of  annual  school  meetings — The  annual  meeting,  not  less 
than  five  legal  voters  being  present,  shall  have  power: 

1.  To  elect  a  chairman  and  clerk  pro  tern,  if  the  chairman  and  clerk 
of  the  board  be  absent;  but  in  common  and  independent  districts  the 
chairman  and  clerk  of  the  school  board  shall  officiate  in  their  respective 
capacities  at  all  meetings  of  the  electors  of  the  district. 

2.  To  adjourn  from  time  to  time. 

3.  To  elect  by  ballot  officers  of  the  district.  In  all  elections  or  vote 
by  ballot,  the  clerk  shall  record  the  names  of  all  voters  participating 
therein,  and  the  chairman  shall  appoint  as  tellers  two  disinterested  electors, 
who,  with  the  assistance  of  the  clerk,  shall  supervise  the  balloting  and 
canvass  the  votes. 

4.  To  designate  a  site  for  a  school  house,  and  provide  for  building  or 
otherwise  placing  a  school  house  thereon,  when  proper  notice  has  been 
given,  but  a  site  on  which  a  school  house  stands  or  is  begun  shall  not  be 
changed,  except  by  vote  therefor,  designating  a  new  site,  by  a  majority  of 
the  legal  voters  of  the  district,  who  have  resided  therein  not  less  than  one 
year  prior  to  the  vote. 

5.  To  repeal  and  modify  their  proceedings  from  time  to  time,  in 
accordance  with  the  powers  therein  conferred.     (2715) 

A  school  district  has  authority  to  employ  a  part  of  a  dwelling  house  as  a 
school  house.— 7  M.   203    (Gil.   145.) 

A  meeting  must  determine  upon  the  erection  of  a  schoolhouse  or  the  selection 
of  a  site  before  a  tax  can  be  levied  therefor. — 10  M.   433    (Gil.   345.) 

"When  a  district  purchases  a  site  for  a  schwolhouse,  erects  a  schoolhouse 
thereon,  and  continues  to  use  it,  it  will  be  presumed  that  the  site  was  legally 
selected  by  the  voters,  and  that  the  officers  acted  within  the  scope  of  their 
authority,  when  all  the  records  relating  to  it  have  been  lost. — S3  M.   111. 

Must  Show  Authority. — As  school  districts  are  mere  creatures  of  law,  estab- 
lished for  special  purposes,  and  derive  all  their  powers  from  the  acts  creating 
them,  it  is  perfectly  just  and  proper  that  they  should  be  obliged  strictly  to  show 
their  authority  for  the  business  they  transact  and  be  confined  in  their  operations 
to  the  mode,  manner  and  subject-matter  prescribed. — School  District  No.  T, 
Wright   County  vs.   J.   H.   Thompson,   .5  :Minn.,   page  221. 

The  directions  to  contract  for  the  erection  or  lease  of  a  school  house  must 
come  from  a  district  meeting,  and  in  the  powers  conferred  upon  that  meeting 
there  is  no  limitation  as  to  the  amount  which  shall  be  expended  for  the  purposes 
designated,  the  only  limitation  being  as  to  the  amount  of  tax  which  may  be  levied 
in  any  one  year,  namely,  six  hundred  dollars. — Robbins  vs.  School  District  No  1, 
Anoka   County,    10   Minn.,    page   268. 

The  legal  voters  at  the  annual  or  at  a  special  meeting  have  no  power  to 
select  a  teacher,  or  to  determine  what  salary  shall  be  paid.  These  are  questions 
for  the  district  board,  which  "gets  its  authority,  not  from  the  voters,  but  from 
the    law." 

District   officers   must   be   elected   by   ballot. — Wilson,   page   352. 

Voters  may  at  a  lawful  meeting  rescind  vote  of  former  meeting  as  to  selecting 
site  and   raising   money   to   build   a  schoolhouse. — Wilson,   page   366. 

The  proceedings  of  a  school  meeting  presided  over  by  a  moderator  not  elected 
in  due  form  are  valid  if  no  objection  be   made  at   the   time. — Hahn,  p.   477. 

"If  funds  are  not  in  hand,  cannot  the  electors  authorize  the  board  to  borrow 
funds  for  the  purchase  of  a  schoolhouse  site?"  No  authority  is  given  to  school 
districts  to  borrow  money  save  in  the  manner  provided  by  law. — When,  however 
the  district  has  incurred  an  indebtedness  for  a  purpose  authorized  by  law  and  the 
payment  of  such  indebtedness  is  postponed  to  a  future  day,  the  district',  in  con- 
sideration of  the  forbearance,  may  contract  lo  pay  interest  thereon,  and' for  that 
purpose  may   execute   and   deliver  promissory   notes. — Wilson,   page   316. 

It  appears  that  the  trustees  built  the  schoolhouse  well  to  the  northern  boun- 
dary of  the  district,  and  in  so  doing  ignored  the  vote  of  the  district  in  fixing  the 
site.     In  this  they   clearly  exceeded  their  authority,  and  the  district  would  not  be 

bound  by  their  action,  and  could  not  be  compelled  to  pay  for  the  house Wilson 

page  297. 


24  SCHOOL   MEETINGS. 

Tlic  district  meeliiig  may  ratify  a  contract  by  the  iruslccs  lur  luoic  llian  live 
months'  school,  and  levy  a  la.K  lor  the  payment  of  teachers  so  employed. — Cole, 
page  102. 

If  a  district  voles  to  have  school  for  a  lunger  time  than  that  required  by 
law,  it  nuisi  also  vote  auuqualH  nitans  to  support  it.  The  trustees  have  no  power 
to   levy    a   lax   to   meel    the    increased   expense. — Cornell,    page   256. 

The  annual  school  district  nieeling,  if  held  without  the  statutory  notice,  can- 
not vote  nionty  fur  the  building  ur  purchasing  of  a  schoolhouse,  or  (tix  the  site 
thereof,    bul   maj'    transact  all   uthir    lawful   busin<*ss. — Wilson,   page   324. 

Notices  are  not  essential  to  the  legality  of  an  annual  school  meeting,  but 
when  irtonty  is  to  be  raised  to  build  or  buy  a  schoolhouse  or  tix  the  sue  thereof, 
written  notices  setting  forth  that  such  money  is  proposed  to  be  raised  or  a  site 
established    must    be   posted   as   prescribed    in    the   law. — Cole,    page   74. 

A  person  who  is  a  resident  of  a  district  and  legally  qualified  to  vote  at  a  town 
meeting  or  general  election,  is  a  legal  voter  of  such  district,  and  hence  eligible 
to  hold  the  office  of  trustee  therein.  Unuer  our  constitution,  a  residence  for  ttie 
purpose  of  voting  is  not  lost  by  reason  of  absence  while  a  student  in  any  semi- 
nary of  learning. — Cornell,  page  257. 

"Is  it  competent  for  a  school  meeting  to  vote  a  term  of  school  other  than  the 
precise  term  mentioned  in  the  notice?"  In  my  judgment  it  is  competent  for  a 
district,  at  a  meeting  called  upon  such  notice,  to  vole  any  length  of  term  allowed 
by  law.  While  il  is  true  that  the  notice  is  to  the  effect  that  a  vole  will  be  taken 
as  to  whether  tliey  will  ha\e  seven  months'  school  or  not,  it  must  be  borne  in 
mind  that  the  object  of  the  meeting,  as  gathered  from  the  notice  itself,  is  to 
fix  the  length  of  the  term,  and,  it  coining  within  the  purview  of  the  can,  there  is 
no  question  about  the  right  of  the  district  to  take  such  action.  If  the  notice  for 
the  meeting  stated  the  object  so  precisely  that  no  opportunity  of  choice  and  no 
variation  of  mode  should  be  left  to  the  meeting,  it  would  give  those  whose  duty 
it  is  to  call  the  meeting  a  check  upon  the  free  exercise  of  the  right  vested  in  the 
residents  of   the   district. — Clapp,    September    33,    1S87. 

After  a  tax  for  school  district  purposes  has  been  extended  upon  the  tax 
duplicate  and  partly  paid,  it  is  too  late  to  raise  the  question  as  to  its  legality 
before  this  office.  It  must  be  treated  as  regular  and  valid  until  an  adversei 
iudicial  determination.— Cole,  pages  2(i0,   291. 

The  electors  of  a  common  school  <listriot  have  no  power  to  raise  or  appropriate 
it3  funds  for  purpose  of  private  tuition  of  the  district's  children  in  attendance 
at   school   of  a   neighboring   district. — Douglas,   April  25,    1899. 

A  person  who  is  a  candidate  for  re-election  at  a  school  meeting,  may  act 
in   an   official   capacity   at    such    meeting. — Young,   p.    204. 

The  purchase  of  a  -schoolhouse'  site  under  void  proceedings  may  be  ratified 
by  the  subsequent  action  of  the  voters,  such  as  approval  thereof  at  the  next 
annual  meeting.   (122  M.  60.) 

When  a  district  at  its  annual  meeting  has  voted  to  keep  eight  months'  school 
and  provided  the  funds,  it  may  afterward  at  a  special  meeting  legally  called  un- 
der sec.  1306,  R.  L.,  change  the  length  of  the  school  term. — Young,  p.  192. 

In  an  independent  district  the  board  may  be  authorized  to  purchase  a  site 
or  change  it,  by  a  majority  vote.— Young,  p.  182. 

The  right  of  a  teacher  to  vote  at  the  place  where  she  is  teaching  depends 
entirely  upon  whether  or  not  she  is  a  resident  of  that  place;  and  residence  is 
largely  a  matter  of  intention.  If  she  is  a  resident,  that  is,  intends  to  make  it  her 
permanent  home,    she   is  entitled   to  vote,  otherwise   not. — Young,   May,   1907. 

While  the  question  of  a  new  site  and  of  raising  money  for  a  school  house 
may  be  voted  upon  in  one  ballot,  it  is  better  practice  to  vote  upon  them  separate- 
ly.—Young,   May,  1907. 

The  mere  fact  that  a  man  owns  a  farm  in  a  school  district  does  not  entitle 
him  to  vote  therein  at  the  annual  school  meeting.  If  he  is  a  resident  of  an  ad- 
joining district,  and  is  otherwise  qualified,  that  is  the  place  for  him  to  vote. — 
Simpson,  July  9,   1909. 

A  special  school  meeting  duly  called  for  the  purpose  of  deciding  upon  a  school 
house  site,  can  be  adjourned  and  the  vote  taken  upon  the  question,  at  an  ad- 
journed meeting,  and  it  would  seem  that  anything  could  be  transacted  at  a  prop- 
erly adjourned  meeting,  that  could  have  been  transacted  at  the  original  meeting. 
— Simpson,   March  25,  1909. 

Notice  of  the  annual  meeting  must  contain  a  provision  for  raising  money 
for  building  purposes,  or  such  action  cannot  be  taken,  as  the  electors  must  be 
fully  apprised  of  the  fact  that  such  matter  will  come  before  the  meeting  for 
consideration,    to  make   any  action   thereon   legal. — Simpson,    July   22,    1909. 

It  is  not  necessary  that  the  question  of  providing  transportation  for  children 
to  and  from  the  school  be  inserted  in  the  call  for  the  annual  school  meeting,  but 
the  district  can  take  such  action  at  the  meeting  without  it  being  stated  in  the 
call  that  the  question  will  be  considered. — Simpson,   Aug.   4,   1910. 

Before  the  question  of  a  change  of  a  school  house  site  can  be  acted  on,  a 
meeting  must  be  called  as  provided  by  law,  in  the  notice  of  which  the  question 
must  be  stated  clearly  and  definitely  as  to  the  object  of  the  meeting;  where  the 
law  provides  that  a  petition  or  request  shall  be  signed  by  five  freeholders  and 
voters  of  the  district,  it  is  necessary  that  such  signers  be  both  freeholders  and 
voters;  and  women  have  the  right  to  sign  such  petitions  when  they  are  free- 
holders and   voters. — Simpson,    Sept.    19,    1910. 


SCHOOL  MEETINGS.  25 

The  law  reiiuiies  that  the  election  of  school  district  officers  must  be  by 
ballot,  and  that  the  polls  shall  remain  open  for  one  hour,  and  the  election  of 
officers  by  acclamation  is  not  in  compliance  with  law,  and  can  in  no  way  be 
considered  a  legal  election.— Simpson,   July  22,   1909. 

Section  1308,  R.  L.  1905,  empowers  the  annual  meeting  of  a  school  district 
"to  elect  by  ballot  officers  of  the  district."  The  law  does  not  now,  as  it  formerly 
did,  require  that  an  officer  be  elected  by  a  majority  of  all  votes  cast,  and  a 
plurality  vote  is  sufficient. — Simpson,  June  17,  1909. 

If  a  school  district,  at  a  properly  called  meeting,  votes  to  change  the  present 
school  house  site,  and  locate  the  school  building  upon  a  new  site,  at  a  definite 
place,  and  the  district  cannot  make  satisfactory  terms  with  the  land  owner,  then 
the  school  district,  by  proper  proceedings  in  court,  can  have  the  necessary  land 
condemned.— Simpson,   May   17,   1910. 

Neither  the  primary  law  nor  the  Australian  ballot  system  has  any  application 
to  an  ordinary  school  district.  Any  person  can  vote  a  ballot  prepared  by  himself 
or  by  someone  else.  There  is  no  i)rovision  of  law  for  nominations  of  school  dis- 
trict officers  by  caucus,  primary  or  otherwise.  Any  parties  may  have  a  nallot 
printed  and  any  one  who  desires  may  vote  it. — Smith,  June  22,  1914. 

It  is  not  competent  for  Ihe  voters  at  a  school  district  meeting  to  appoint  a 
building  committee  for  a  new  schoolhouse.  It  is  the  business  of  the  board  to 
attend  to  the  management  of  such  building,  and  this  power  and  duty  cannot  be 
taken  from  them   by  a  district  meeting. — Smith,  May  12,   1914. 

It  is  not  competent  for  the  district  at  any  meeting  thereof  to  delegate  to  the 
board  the  designation  of  a  schoolhouse  site. — Smith,  . 

Where  a  district  election  is  called  to  vote  upon  the  question  of  the  selection 
of  schoolhouse  site,  and  the  ballot  has  been  taken  and  the  will  of  the  voters 
determined,  it  is  not  competent  for  another  ballot  to  be  taken  at  the  same  elec- 
tion: but  another  election  mav  be  called  to  vote  on  the  same  proposition. — Smith, 
May  5,   1915. 

54.  AdtJitional  powers  of  meetings  in  common  school  districts — In  ad- 
dition to  the  foregoing  powers,  any  common  school  district  at  its  annual 
meeting,  or  at  a  special  meeting  when  proper  notice  has  been  given,  may 
vote  a  sufficient  fund  for  maintenance  of  its  schools  and  for  all  other 
proper  purposes,  appoint  a  librarian,  and  make  rules  for  the  use  and 
management  of  the  library,  and  direct  the  school  board  to  make  designated 
improvements  to  school  property,  and  to  provide  free  text-books  for  the 
schools.     (2716) 

Where  at  a  meeting  it  was.  voted  to  have  school  kept  for  a  specified  time, 
and  sufficient  funds  provided,  the  trustees  are  Table  to  a  penalty  by  neglecting 
without  excuse,  to  provide  the  school  for  the  specified  time. — 17  M.  227. 

A  common  school  district  has  no  authority  to  loan  money  raised  by  taxes  for 
the  carrying  on  of  its  schools. — Young,  p.   191. 

55.  Election  of  officers  in  certain  districts — In  any  common  school 
district  containing  over  three  hundred  voters,  in  counties  having  a  popu- 
lation of  more  than  fifty  thousand  and  less  than  one  hundred  thousand, 
the  school  board  shall  divide  the  district  for  the  purpose  of  electing 
officers,  voting  on  the  issue  of  bonds,  or  other  matter  specifically  submitted 
for  vote  by  ballot,  into  precincts  for  each  three  hundred  voters,  or  major 
fraction  thereof.  The  voters  present  at  the  opening  of  the  polls  shall 
choose  a  moderator  and  tw^o  clerks,  who  shall  forthwith  certify  the  result 
of  the  vote  to  the  clerk  of  the  district.  Such  vote  shall  be  canvassed  and 
the  result  announced  at  the  annual  meeting,  except  in  case  of  a  special 
election,  when  the  same  shall  be  canvassed  by  the  district  officers  as 
soon  as  practicable  after  the  receipt  of  the  returns.  Such  regular  elections 
shall  be  held  on  the  Saturday  preceding  the  annual  meeting,  and  at  the 
same  hour  and  upon  the  same  notice,  and  no  matter  except  the  election 
of  officers  shall  be  voted  upon  at  such  meeting,  unless  specified  in  the 
notice.     (2717) 


I 


26  SCHOOL  BOARDS   AND  OFFICERS. 

-      CHAPTER   III. 
SCHOOL  BOARDS  AND  OFFICERS. 

56.  School  board — The  care,  management  and  control  of  common  and 
independent  districts  shall  be  vested  in  a  board  of  trustees,  to  be  known 
as  the  school  board,  whose  term  of  office  shall  be  three  years  and  until 
their  successors  qualify.     (2731) 

Cities  and  villages  and  the  scliool  districts  witliin  tliem,  are  distinct  and  inde- 
pendent corporations.  A  member  of  tiie  school  board  must  be  a  resident  of  the 
district  he  represents.  Chap.  2.S.'>,  Laws  1901,  apiJlies  to  cities  whose  boundaries 
are  co-extensive  with  the  school  district;  and  until  the  territory  of  both  city  and 
district  are  co-extensive,  members  of  the  school  board  cannot  be  elected  as  pre- 
scribed in  that   chapter. — Young,  July,   1E07. 

57.  Same;  in  common  districts — ^The  school  board  of  each  common 
school  district  shall  consist  of  a  chairman,  a  treasurer  and  a  clerk.  At 
the  first  meeting  of  each  school  district  embracing  or  containing  less  than 
ten  townships,  the  chairman  shall  be  elected  to  hold  office  until  August 
1  following  the  next  annual  meeting;  the  treasurer  until  one  year  from 
such  date,  and  the  clerk  until  two  years  from  such  date.  At  the  first 
meeting  in  each  common  school  district,  embracing  or  containing  ten  or 
more  townships,  the  chairman  shall  be  elected  to  hold  office  until  August 
1  following  the  next  biennial  general  state  election,  and  the  treasurer 
until  one  year  from  such  date,  and  the  clerk  until  two  years  from  such 
date.  Said  trustees  so  elected  in  districts  embracing  or  containing  ten 
or  more  townships  shall  be  paid  such  salary  or  compensation  as  the  electors 
or  legal  voters  of  such  district  at  the  annual  meeting  thereof  shall  fix  or 
determine,  and  the  electors  or  legal  voters  of  such  district  at  the  annual 
meeting  thereof  shall  have  power  and  are  hereby  authorized  by  a  majority 
vote  to  fix  and  determine  and  authorize  the  payment  of  salaries  or  com- 
pensation to  said  trustees.  The  vote  upon  the  payment  of  such  salaries 
or  compensation  shall  be  by  ballot.     (2732) 

The  election  must  be  made  by  ballot.  "An  election,  therefore,  of  school  district 
officers  by  viva  voce  vote  would  be  irregular  and  invalid.  A  person  elected  in 
this  way  to  office  would  have  no  title  that  he  could  assert  against  a  regular  in- 
cumbent of  the  office  holding  after  the  expiration  of  this  term.  And  yet  a  per- 
son elected  by  a  viva  voce  vote,  having  quaUfled  and  assumed  the  duties  of  the 
•fficfc  to  which  he  was  elected,  would  be  an  officer  de  facto,  and  his  acts  as  to 
•lird  persons  would  be  valid." — Wilson,  p.   352. 

It  is  no  part  of  the  duties  of  the  county  attorney  to  advise  school  district 
officers.  For  the  services  named  he  would  be  entitled  to  the  same  fees  as  if  per- 
formed at  the  request  of  a  private  individual. — ^Hahn,  p.   4C5>. 

Under  our  constitution  and  laws,  aliens  are  not  eligible  to  any  office  elective 
by  the  people.  If,  however,  an  alien  were  elected  to  the  office  of  district  clerk 
of  a  school  district,  or  appointed  to  such  office  by  the  proper  api>oiiiting  power, 
and  should  assume  such  office  by  virtue  of  such  election  or  appointment,  and 
fxercise  the  duties  thereof,  he  would  be  an  officer  de  facto,  and  his  acts,  though 
not  those  of  a  lawful  officer,  the  law,  upon  principles  of  policy  and  justice,  would 
hold  to  be  valid,  so  far  as  they  involved  the  interests  of  the  public  and  third  par- 
ties.— Wilson,   p.   316. 

Many  matters  arise  relating  to  the  election  of  school  district  officers.  While 
it  is  important  that  all  the  requirements  of  the  law  be  complied  with,  it  should 
be  borne  in  mind  that  the  official  act  of  an  officer  does  not  necessarily  depend 
for  its  validity  upon  the  regularity  of  his  election.  Where  a  person  is  exercising 
the  duties  of  an  office  under  color  of  authority,  claiming  title  to  the  same,  he  is 
what  in  law  Is  termed  an  officer  de  facto,  and  his  acts  are  valid  until  he  is  ousted 
from  thp  office  V)y  legal  proceedings,  or  abandons  the  office.  The  right  of  a  de 
facto  officer  to  hold  the  office  cannot  be  questioned  collaterallv,  but  can  onlv  be 
questioned  in  an  action  brought  directly  against  him  to  oust  him  from  the  office; 
thus,  it  may  frequently  happen  that  a  person  is  occupying  an  office  and  his  acts 
as  such  officer  will  be  valid,  yet  his  title  to  the  office  be  so  defective  that  In  a 
direct  proceeding  brought  against  him  to  oust  him,  his  title  to  the  office  could 
be  defeated. — rinpp,   M.qrrli    LT,     ism 


SCHOOL  BOARDS   AND   OFFICERS.  27 

An  election  of  school  officers  is  nut  necessarily  invalidated  on  account  of  the 
polls  being  kept  open  less  than  the  time  named  in  the  statute,  unless  it  is  made 
painly  to  appear  that  such  numbers  of  voters  were  thus  deprived  of  the  right 
to  vote  as  would  have  changed  the  result. — Childs,  August  13,  1895. 

The  mere  fact  that  the  school  meeting  was  not  called  to  order  until  a  half 
or  three-quarters  of  an  hour  after  the  time  named  in  the  law  would  not  in  itself 
render  the  meeting  invalid. — Childs,  August  S,  1892. 

An  annual  meeting  held  either  at  an  earlier  or  later  date  than  that  prescribed 
in   the  statutes  is  invalid   for  any  purpose. — Childs,  July  29,  1896. 

In  case  of  a  tie  vote  for  trustee  at  an  annual  school  meeting  a  second  ballot 
cannot  be  taken,  but  a  vacancy  exists  which  the  board  of  trustees  is  authorized 
to  till  by  appointment. — Douglas,  July  31,  1900. 

A  member  of  the  .'ichool  board  cannot  legally  receive  a  salary  for  teaching  the 
school  of  his   district. — Smith,   April  9,   1915. 

58.  Same;  in  independent  districts — The  school  board  of  each  inde- 
pendent school  district  shall  consist  of  six  directors.  At  the  first  meeting 
of  the  district,  six  directors  shall  be  elected,  two  to  hold  until  August  1 
following  the  next  annual  meeting,  and  two  to  hold  until  the  expiration  of 
one  year,  and  two  until  the  expiration  of  two  years,  from  said  August  1; 
the  time  wiiich  each  director  shall  hold  being  desi.gnated  on  the  ballot. 
(2733) 

Non-voting  of  certain  members  of  the  school  board  in  an  independent  dis- 
trict permits  the  election  of  a  superintendent  by  a  majority  vote  of  a  quorum, 
the  rule  being  that  if  there  is  a  quorum  present,  and  a  majority  of  the  quorum 
vote  in  favor  of  a  measure,  it  will  prevail,  although  an  equal  number  should 
refrain  from  voting.  It  is  not  the  majority  of  the  whole  number  of  members 
present  that  is  required;  all  that  is  requisite  is  a  majority  of  the  number  of 
members  required  to  constitute  a  quorum. — Simpson,   March   16,   1909. 

The  president  of  the  board  of  education  is  a  member  of  the  board,  and  the 
fact  that  he  is  chosen  to  act  in  the  official  capacity  of  president  does  not  deprive 
him  of  the  right  to  vote.  Four  members  of  a  board  will  constitute  a  quorum, 
whether  the  president  of  the  board  be  one  of  that  number  or  not. — Simpson,  Aug. 
11,  1909. 

59.  Organization  of  school  boards  in  independent  districts — Within  ten 
days  after  the  election  of  the  first  school  board  in  independent  districts, 
and  annually  thereafter  on  the  first  Saturday  in  August,  or  as  soon  there- 
after as  practicable,  the  board  shall  meet  and  organize  by  choosing  a 
chairman,  a  clerk,  and  treasurer,  who  shall  hold  their  offices  for  one  year, 
and  until  their  successors  are  elected  and  qualified.  They  may  also  elect 
a  superintendent,  who  shall  hold  oflace  during  the  pleasure  of  the  board. 
He  shall  be  ex-ofiicio  a  member  of  the  board,  but  not  entitled  to  vote 
therein.     (2734) 

Where,  at  a  meeting  of  a  school  board  in  an  independent  district,  for  the 
purpose  of  electing  a  superintendent,  the  vote  results  in  three  votes  being  cast 
in  favor  of  a  candidate,  one  vote  against  him,  and  two  members  of  the  board 
not  voting,  the  candidate  receiving  the  three  votes  is  elected. — Simpson,  March 
16,  1909. 

There  being  no  provision  of  law  requiring  that  a  written  ballot  shall  be  taken 
by  a  board  of  education,  on  the  question  of  electing  a  superintendent,  an  "Aye" 
and   "Nay"  vote  would  be  sufficient.— Simpson,   March  17,    1909. 

The  proceedings  at  a  meeting  of  the  board  of  an  independent  district,  at  which 
the  superintendent  is  not  present  by  reason  of  failure  to  give  him  notice,  are 
valid. — Douglas,   p.   129. 

A  person  selected  to  act  as  chairman  or  "acting  president"  of  the  board  of  an 
independent  district,  in  the  absence  of  the  president,  cannot  countersign  orders 
or  warrants. — Young,  p.   191. 

The  officers  of  boards  in  independent  districts  must  be  chosen  from  the  mem- 
bers of  the  board. 

60.  Publication  of  proceedings  in  independent  districts — The  school 
board  of  each  independent  school  district  in  this  state  shall  cause  to  be 
published  once,  in  some  newspaper  published  in  the  city  or  village  con- 
stituting or   in   which   such   school   district   is   located,   or   if   there   be   no 


28  SCHOOL  BOARDS  AND   OFFICERS. 

newj^paper  so  publislied  therein,  then  in  a  newspaper  published  at  the 
county  seat  of  the  county  in  which  such  school  district  is  located,  the 
official  proceedings  of  such  board,  and  such  publication  shall  be  mad' 
as  soon  as  may  be,  and  not  later  than  thirty  days  after  the  meeting  ai 
which  such  proceedings  were  had.  Such  publication  shall  be  let  annually 
by  contract  to  the  lowest  bidder,  at  the  first  regular  meeting  of  said  board 
after  the  annual  election  in  such  district,  provided  that  not  more  than 
fifty  cents  per  folio  shall  be  paid  for  surh  publication  (Chajjlfr  rtfJn, 
Laws  1915.) 

61.  Vacancies — A  vacancy  in  any  school  board  or  board  of  education 
elected  by  the  people  shall  be  filled  by  the  board  at  any  legal  meetin.;< 
(hereof  until  such  vacancy  can  be  filled  by  election  at  the  next  annual 
meeting  in  school  districts  containing  less  than  ten  townships  and  at  thf 
next  general  biennial  state  election  in  school  districts  embracing  or  con- 
taining ten  or  more  townships.  Such  appointment  shall  be  evidenced  by  a 
resolution  entered  in  the  minutes.  All  appointments  and  elections  to  fill 
vacancies  shall  be  for  the  unexpired  term.     (2742) 

62.  Same;  special  election — If  the  board  shall  fail  for  ten  days  to 
fill  any  vacancy,  a  special  meeting  may  be  called  for  that  purpose  by 
ten  days'  posted  notice  signed  by  three  qualified  voters,  freeholders  or 
householders  of  the  district,  setting  forth  the  object  of  the  meeting.  Officers 
elected  at  such  meeting  shall  hold  for  the  unexpired  term,  but  no  such 
meeting  shall  be  held  within  thirty  days  before  the  annual  election  or 
annual  meeting  in  districts  containing  less  than  ten  townships  nor  within 
thirty  days  before  the  general  biennial  state  election  in  districts  embracing 

or  containing  ten  or  more  townships.     (2743) 

• 

It  is  not  mandatory  that  the  board  fill  a  vacancy  within  ten  days;  and  they 
may  fill  it  at  a  later  time,  but  should  not  do  so  after  ten  days  and  after  a  meeting 
for  the  purpose  of  filling  such  vacancy  has  been  called  by  three  qualified  voters. 
The  vacancy  should  be  filled  as  provided  in  section  1316,  R.  L. — Young,  May, 
1907. 

Where,  at  an  annual  school  meeting,  there  were  two  candidates  for  district 
clerk,  and  each  received  twenty-two  votes,  the  ballot  resulted  in  no  election,  thus 
causing  a  vacancy  in  the  office  of  clerk,  which  could  be  filled  by  the  board  within 
ten  days,  and  if  not  so  filled,  a  special  meeting  could  be  called  for  that  purpose, 
by  ten  days'  posted  notice,  signed  by  three  qualified  voters,  freeholders  or  house- 
holders of  the  districts,  and  setting  forth  the  object  of  the  meeting.  Sec.  1317, 
R.   L.   1905.— Simpson,   July  21,   1909. 

When  a  member  of  the  board  has  removed  from  the  district,  his  office  is 
vacant;  and  the  vacancy  thus  occasioned  may  be  filled  by  the  remaining  members 
of  the  board,  and  the  person  appointed  will  hold  office  until  the  next  annual  meet- 
ing,  construing  section  1316,   R.    L. — Young,   Decernber,   1906. 

In  case  of  a  tie  vote  at  an  annual  school  election  for  officers,  a  second  ballot 
cannot  be  taken,  but  a  vacancy  exists  in  the  office,  which  vacancy  can  be  filled 
by  appointment  by  the  school  board;  but  if  the  Ijoard  shall  fail  for  ten  days  to 
fill  such  vacancy,  a  special  meeting  will  be  called  for  that  purpo-^e,  by  ten  days' 
posted  notice,  signed  by  three  qualified  voters,  or  freeholders  of  the  district,  and 
setting  forth   the  object  of  the   meeting. — Young,   .59. 

The  word  "householder"  as  used  in  the  foregoing  section  is  one  who  is  master 
or  chief  of  a  family  occupying  a  dwelling  house;  one  who  occupies  a  house  as  a 
place  of  residence,  without  any  relation  to  the  title  by  whch  such  property  is  held. 
The  term  refers  to  the  civil  status  of  the  person,  and  not  to  his  property  therein 
or  otherwise.  Consequently  one  may  be  a  "householder"  without  owning  real 
estate  or  Interest  therein;  and  one  may  be  a  "freeholder"  and  not  a  "householder," 
or  a  "householder"  and  not  a  "freeholder."  Under  the  foregoing  section  It  Is  not 
necessary  for  a  signer  of  the  petition  to  be  a  "freeholder";  but  if  he  is  a  voter 
in  the  district  and  a  "householder,"  it  is  sufficient.  If  he  is  either  and  a  voter 
in  the  district  he  is  qualified.     (Smith,  November  24,  1913.) 

63.  Acceptance  of  office — Oaths,  where  filed — All  persons  elected  or 
appointed    district    ofTicprs    shall,    within     ten    days    after    notice    of    such 


SCHOOL  BOARDS    AND   OFFICERS.  29 

election  or  appointment,  file  with  the  clerk  or  secretary  of  the  district 
his  acceptance  of  the  office  and  his  official  oath,  or  be  deemed  to  have 
refused  to  serve,  but  such  filing  may  be  made  at  any  time  before  action 
to  fill  the  vacancy  has  been  taken.     (2744) 

64.  Quorum  in  school  boards — A  majority  of  the  school  board  shall 
constitute  a  quorum,  but  no  contract  shall  be  made  or  authorized  except 
at  a  meetins;  of  the  board  of  which  all  member.s  have  had  legal  notice. 
(2745) 

Contracts,  to  be  binding  on  the  district,  must  be  made  or  ratified  by  at  least 
a  majority  of  the  board  after  notice  and  an  opportunity  to  all  the  trustees  to 
take  part  in  the  matter. — 35  M.   163. 

To  bind  the  district,  a  contract  for  supplies  by  two  trustees  must  be  author- 
ized or  ratified  at  a  meeting  of  the  trustees;  but  if  such  supplies  are  received  and 
used  bv  the  district  for  such  a  length  of  time  as  to  raise  the  presumption  that  it 
was  with  the  common  consent  of  the  district,  it  would  be  bound  to  pay  for  them. — 
37   M.   96. 

When  two  of  the  trustees  employ  one  to  perform  work  for  the  district,  and 
such  action  is  ratified  by  the  full  board,  such  employe  may  recover  of  the  dis- 
trict, notwithstanding-  the  work  was  for  a  new  school  house  when  no  site  had 
been  lawfully  selected  by  the  voters,  and  the  trustees  were  not  authorized  to  build 
the  school  house.  This  is  based  upon  the  law  that  trustees  who  act  within  the 
scope  of  Iheir  authority,  bind  the  district;  and  the  burden  of  proving  excess  of 
power  is  upon  the  district. — 93  M.  409. 

Director  or  trustee  may  not  be  a  party  to  a  contract  with  the  district.  Cur- 
rie  vs.  School  District,  35  Minn.  163,  27  N.  W.  Rep.  922.  In  order  to  bind  the  dis- 
trict, contracts  must  be  made  or  ratified  by  at  least  a  majority  of  the  board, 
after  notice  and  opportunity  to  all  of  the  trustees  to  participate  in  the  transaction. 
—Id. 

When  one  member  of  board  refuses  to  assent  to  contract  by  majority,  he  may 
be   compelled   to   by  law. — Cornell,   p.   260. 

When  a  part  of  the  members  present  refuse  to  vote  at  all,  a  vote  may  be  le- 
gally decided  by  a  majority  of  those  actually  voting,  though  they  do  not  constitute 
a  majority  of  the  whole  number  present.  This  rule  rests  upon  the  principle  that 
members  present  and  not  voting  will  be  deemed  to  assent  to  the  action  of  those 
who  did  vote. — Simpson,  March  17,  1909. 

65.  Powers  and  duties  of  school  board — The  school  board  shall  have 
the  general  charge  of  the  business  of  the  district,  and  of  the  school  hoyses 
and  the  interests  of  the  schools  thereof,  and  shall: 

1.  When  authorized  by  the  voters  at  a  regular  meeting  or  a  special 
meeting  called  for  that  purpose,  may  acquire  necessary  sites  for  school- 
houses,  or  enlargements  or  additions  to  existing  schoolhouse  sites,  by  lease, 
purchase  or  condemnation  under  the  right  of  eminent  domain;  erect,  lease 
or  purchase  necessary  school  houses  or  additions  thereto;  and  sell  or  ex- 
change such  school  houses  or  sites  and  execute  deeds  of  conveyance  thereof. 
In  any  village  or  city  such  site,  when  practicable,  shall  contain  at  least 
one  block,  and,  if  outside  of  any  city  or  village,  two  acres;  and  when  any 
school  house  site  shall  contain  less  than  such  amount,  the  board  shall,  if 
practicable,  asquire  other  land  adjacent  to  or  near  such  site  to  make,  with 
such  site,  such  amount. 

2.  Purchase,  sell,  and  exchange  school  apparalus,  furniture,  stoves, 
and  other  appendages  for  school  houses. 

3.  Provide  proper  outhouses  for  the  schools,  plant  shade  trees  and 
shrubbery,  and  otherwise  improve  school  sites,  procure  insurance  on  school 
property,  and  make  proper  ordinary  repairs  thereon. 

4.  When  necessary,  lease  rooms   for  school  purposes. 

5.  Employ  and  contract  with  necessary,  qualified  teachers,  and  dis- 
charge the  same  for  cause. 


30  SCHOOL  BOAUnS    AND   OFFICERS. 

6.  Provide  for  the  healing  and  care  of  school  housed  and  rooms. 

7.  Provide  for  the  payment  of  all  just  claims  against  the  district  in 
rases  provided  by  law. 

8.  When  directed  by  a  vole  of  the  district,  or  when  the  board  deems 
it  advisable,  adopt,  contract  for  and  purchase  text-books  needful  for  the 
schools  of  the  district,  and  provide  for  the  free  use  of  such  books  by  the 
pupils  of  such  schools,  or  their  sale  to  them  at  cost;  but  no  such  adoption 
or  contract  shall  be  for  less  than  three  or  more  than  five  years,  during 
which  time  such  books  adopted  shall  not  be  changed. 

9.  Defray  the  necessary  expenses  of  the  board,  including  three  dollars 
per  day  for  attending  one  meeting  of  the  school  boards  of  the  county  in 
each  year,  when  called  by  the  county  superintendent,  and  five  cents  per 
mile  in  going  to  and  returning  from  such  meeting,  and  pay  for  such  record 
books,  stationery,  and  other  incidental  matters  as  may  be  proper. 

10.  Superintend  and  manage  the  schools  of  the  district,  adopt,  modify, 
or  repeal  rules  for  their  organization,  government,  and  instruction,  and  for 
the  keeping  of  registers,  prescribe  text-books  and  courses  of  study,  and 
visit  each  school  at  least  once  in  three  months. 

11.  In  all  proper  cases,  prosecute  and  defend  actions  by  or  against  the 
district.     (2746,  amended  by  c.  25,  Laws   1915.) 

A  promissory  note,  signed  individually  by  the  trustees  makes  the  trustees 
prima  facie  personallv  liable:  and  the  burden  is  upon  them  to  show  it  is  a  vaJld 
note  of  the  district.— 13  M.  106  (Gil.  96). 

Where,  at  a  meeting,  it  is  voted  to  have  school  kept  for  a  specified  time,  and 
sufficient  funds  are  provided,  the  trustees  are  liable  to  a.  penalty  for  neglecting, 
without  excuse,  to  provide  the  school  for  such  time;  and  the  action  to  enforce 
the  penalty  may  be  brought  by  a  director  or  a  freeholder  in  his  own  name. — 31 
M.  227. 

A  trustee  cannot  enter  into  a  contract  with  the  other  trustees  for  services  or 
supplies  to  the  district  for  a  compensation;  and  the  fairness  of  such  a  transaction 
cannot  be  considered.— 35  M.  163. 

The  school  house  of  a  district  is  not  subject  to  a  mechanic's  lien. — 39  M.  298. 

A  school  district  is  not  liable  for  money  borrowed  by  its  trustees  to  complete 
a  school  house,  -without  authority,  even  though  it  receives  the  benefit;  and  no 
ratification  can  be  inferred  from  its  enjoyment  of  the  improvement  for  it  has 
had  no  opportunity  to  reject. — 54  M.  385. 

"When  orders  have  been  legally  issued  by  the  trustees,  payable  generally  and 
not  out  of  a  particular  fund,  the  district  is  liable  and  must  provide  funds  to  pay 
them.— 91  M.  41. 

When  the  trustees  act  within  the  apparent  scope  of  their  authority  the  burden 
of  proving  an  excess  of  authority  is  upon  the  one  alleging  it. — 93  M.  409. 

The  trustees  have  power,  prior  to  the  annual  meeting,  to  employ  a  teacher 
for  the  ensuing  year,  and  to  bind  the  district  for  at  least  six  months  and  for 
such  further  time  as  shall  be  fixed  by  the  voters  at  such  annual  meeting. — 93  M. 
411. 

Where  there  were  sufficient  funds  on  hand  therefor,  the  board  of  trustees  on 
their  own  motion  caused  a  well  to  be  dug  and  a  pump  placed  over  it  for  the  use 
of  the  school.  Held,  that  the  board  had  no  authority  to  make  expenditures  of  pub- 
lic money  for  such  a  purpose  until  authorized  by  the  voters  of  the  district  at  a 
properly  "called  meeting. — Childs,  Aug.  24,   1893. 

The  law  provides  that  "the  board  of  trustees  shall  have  the  general  charge 
of  the  interests  of  the  schools."  If  there  are  funds  on  hand  not  designated  by 
vote  of  the  district  to  any  specific  purpose,  and  not  needed  to  meet  matured  or 
maturing  claims  of  teachers,  such  funds  may  be  used  by  trustees  to  purchase 
any  articles  necessarj',  in  their  judgment,  to  the  "interests  of  the  school." — 
Wilson,  p.  367. 

"When  a  school  district  votes  to  build  a  school  house,  designates  site  and 
provides  funds  for  the  purpose,  the  trustees  of  the  district  are  charged  with  the 
duty  nf  ovooiitine  ihp   will   of   tfip   rliotrict    in    tbf>  nrpmi'ae.«." — Ptart.    p.    425. 

If  the  trustees  have  contracted  for  a  school  for  more  than  five  (5)  (now  Blx) 
months  without  special  authority  from  the  district,  the  legal  voters  a:t  any  special 
or  general  meeting  may  ratify  such  action,  and  levy  a  tax  for  the  payment  of 
teachers  so  employed.  If  they  refuse  to  do  this,  the  teacher  would  very  likely 
be  without  remedy. 

Trustees  oi  school  districts  are  public  agents,  and  when  they  in  good  faith 
contract  with  parties  having  full  knowledge  of  the   extent  of  their  authority,   or 


SCHOOL  BOARDS   AND   OFFICERS.  31 

who  havft  an  equal  means  of  knowledge  with  themselves,  they  do  not  become 
Individually  liable  unless  the  intent  to  incur  a  personal  liability  is  clearly  ex- 
pressed, although  it  should  be  found  that  through  ignorance  of  the  law  they  may 
nave  exceeded  their  authority.  Any  knowledge  of  a  defect  in  their  authority, 
accessible  to  them  but  not  to  the  teacher,  would  probably  fix  a  liability  on  them. — 
Cole.  p.  102. 

"Have  school  district  trustees  power  to  hire  money  to  build  "a  school  house? 
I  think  not.  Corporations,  and  especially  quasi  corporations,  have  only  those 
powers  specifically  granted  to  them  by  statute,  and  such  others  as  are  necessary 
for  carrying  into  execution  those  specifically  conferred.  By  sec.  52,  school  laws, 
the  trustees  are  authorized  "to  build,  hire  or  purchase  a  school  house,  out  of 
funds  provided  for  that   purpose." 

The  law  requires  school  to  be  taught  in  the  district  at  least  six  months,  and 
the  trustees  cannot  safely  ignore  that  provision,  notwithstanding  the  action  of 
the  district.  The  district  having  neglected  to  vote  the  requisite  tax,  it  is  the 
imperative  duty  of  the  trustees  to  levy  the  same. — Clapp,   Sept.  24,   1888. 

Trustees  may  employ  more  than  one  teacher  if  district  has  funds,  notwith- 
standing an  adverse  resolution  voted   by  the  district. — Wilson,   p.   354. 

It  is  the  special  business  of  the  trustees  to  employ  teachers.  The  voters  of 
the  district  may,  in  their  individual  or  collective  capacity,  advise  the  trustees 
as  to  their  wishes,   but  cannot  control  tlieir  action. — Wilson,  p.   354. 

"Is  the  employment  of  a  teacher  by  the  treasurer  and  clerk  of  a  school  dis- 
trict, without  any  notice  to  the  director,  and  without  any  meeting  being  held, 
legal?"     I  answer  that  it  is  not. — Hahn,  p.  536. 

A  contract  made  with  a  teacher  who  does  not  hold  a  certificate  which  is 
valid  in  the  district  where  he  is  to  be  employed,  is  void,  and  a  certificate  cannot 
be  dated  back  to  cover  services  rendered  before  it  was  granted. — Jennss  vs.  School 
District  31,  Washington  County,   12  Minn.  448. 

When  a  teacher  is  employed  to  teach  for  a  specified  time  and  the  school  is  in- 
terrupted necessarily,  but  by  no  fault  of  the  teacher,  who  is  always  ready  to  fulfill 
the  contract,  the  teacher,  after  the  expiration  of  the  time,  may  maintain  an 
action  against  the  district  for  the  entire  amount  of  wages.  If,  however,  the  dis- 
trict can  show  that  during  the  whole  or  a  portion  of  the  time  the  teacher  was 
engaged  in  similar  employment,  or  was  offered  such  employment  and  refused  it, 
the  damage  may  be  reduced. — Cole,  p.  87. 

If  in  the  opinion  of  the  trustees  the  services  of  more  than  one  teacher  are 
demanded  by  reason  of  the  numbers  in  attendance  at  a  district  school,  an  addi- 
tional teacher  may  be  employed,  the  board  keeping  within  the  means  provided  by 
the  district. — Wilson,  p.  354. 

A  contract  made  with  a  teacher  before  he  has  secured  a  certificate  is  void, 
and  a  subsequent  issuance  of  a  certificate  will  not  make  the  same  valid.  This  ap- 
plies alike   in   common,    independent  and   special  districts. 

"Have  school  boards  authority  to  engage  teachers  for  the  following  year 
before  the  annual  meeting?"  It  matters  not  whether  it  is  before  the  annual 
meeting  and  the  election  of  the  new  member  or  not.  The  trustees  may,  either 
before  or  after  the  annual  meeting  and  without  express  authority  from  the  dis- 
trict, contract  for  the  term  required  by  law,  and  no  more.— Hahn,  p.  538;  Start, 
p.   436;   Cornell,  p.   159. 

If  a  teacher  holds  a  valid  certificate  at  the  time  of  making  a  contract  which 
extends  beyond  the  life  of  the  certificate,  such  contract  is  good,  and  will  remain 
so  as  long  as  the  teacher  is  in  possession  of  a  valid  certificate  and  until  the  con- 
tract expires  by  its  own  terms. — Clapp,  Oct.   12,    1891. 

Teachers  cannot  enforce  verbal  contracts  which  the  law  requires  to  be  in 
writing. — Douglas,  Jan.  4,  1901. 

The  law  establishes  the  school  age  between  five  and  twenty-one  years,  sub- 
ject to  the  authority  granted  the  board  of  trustees  to  fix  the  minimum  age  at 
six  years. — Douglas,   Aug.  17,  1900. 

A  school  board  has  power  to  rent  rooms  for  a  school  if  the  school  building 
is  inadequate;  it  also  has  power  to  repair  the  school  house,  but  has  no  right 
to  so  enlarge  and  repair  it  as  to  constitute  a  rebuilding  or  to  make  a  new  and 
larger  one  out  of  it.  The  building  of  a  new  school  house  must  be  voted  on  at  a 
school   meeting. — Donahower,   p.    129. 

The  general  control  of  schools  is  in  the  board;  and  if  the  superintendent  and 
teachers  establish  rules  of  discipline  and  school  work  to  the  disadvantage  of  the 
welfare  of  the  school,  the  board  has  power  to  change  them. — Douglas,  p.   129. 

Members  of  the  board  and  teachers  cannot,  directly  or  indirectly,  be  financial- 
ly interested  in  sales,  leases  or  contracts  relating  to  district  property;  and  if  they 
do  become  so  interested,  they  are  guilty  of  misdmeanor  and  may  be  prosecuted 
or  restrained. — Donahower,   p.   133. 

Members  of  a  school  board  cannot  legally  do  work  of  repairs  on  a  school  house 
and  draw  pay  therefor. — Young,   June,   1907. 

A  school  board  has  no  authority  to  sell  a  school  building  unless  authorized 
by  the  voters  at  a  regular  or  special  meeting  called  for  the  purpose;  construing 
section  1320,   R.  L.— Young,   December,   1906. 

School  boards  are  not  corporate  bodies,  but  rather  resemble  directors  of  a 
corporation.  The  school  district  is  the  corporation.  Contracts  of  insurance  of 
school  property  should  run  to  the  district.  A  member  of  the  board  cannot  be 
interested  Individually,  as  agent  or  otherwise,  in  a  contract  of  insurance  on  school 
property. — Young,  p.  182. 

School  boards  have  no  authority  to  employ  teachers  who  do  not  hold  certifi- 
cates, and  the  district  continue  to  draw  state  apportionment  money.— Young,  June, 
1907. 


^2  SCHOOL    BOAKUS    AND   OFFICERS 

A  member  of  a  school  U);ucl  who  renders  services  and  expends  his  own  money 
in  good  faith  In  looklnp  after  the  Vjuildinp  of  a  school  house,  has  a  valid  claim 
for  such  services  and  advancement,  provided  the  voters  at  the  annual  meeting 
voted  to  pay  him;  but  probably  he  is  not  entitled  to  2  per  cent  of  the  cost  of  the 
building.— Young,    October,    lOOG.  ,  .      ^ 

Under  sec.  1320,  subd.  11,  R.  L.,  the  board  may  prosecute  an  action  against 
the  treasurer  when  he  refuses  or  fails  to  turn  over  to  his  successor  in  office 
any  portion   of  the  district   funds    in   his  hands.— Young,   p.    385. 

School  boards  are  neither  authorized  nor  justified  in  expending  money  for 
the  services  of  an  expert  accountant  to  examine  the  books  of  the  district. — Young, 
May,  1906.  ,  .    ,  ^  .^  ,       v.     , 

The  school  board,  after  the  district  has  voted  an  eight  months  school,  may 
contract  with  a  teacher  for  eight  months  at  any  time  prior  to  a  change  in  tl\e 
length    of  the   term   bv  a  vo'e  of   the  district.— Young,    p.    193. 

There  is  no  provision  of  law  relating  to  roads  to  school  sites  or  buildings. 
Such  roads  must  be  laid  out  as  other  roads  under  sees.  1171  and  1181,  R.  L  — 
Young,   Julv,    1906. 

Though  on  account  of  the  low  assessed  valuation  of  the  property  in  the  town- 
ship, there  is  not  sufficient  money  to  keep  the  schools  in  session  for  the  length 
of  time  voted  at  the  annual  meeting,  and  though  one  school  is  greatly  over- 
crowded, the  school  board  cannot  rent  another  room  and  hire  another  teacher, 
incur  the  necessary  expenses,  and  issue  orders  In  payment  of  same,  when  such 
orders  cannot  be  paid  during  the  current  school  year,  without  a  vote  of  the 
people.— Young,   Oct.    27,    1908. 

A  school  board  has  power  to  adopt  such  reasonable  rules  and  regulations  as 
contribute  to  the  moral,  physical  and  intellectual  welfare  of  the  pupils  attend- 
ing school,  and  a  rule  to  the  effect  that  a  pupil  convicted  of  smoking  on  the  streets 
or  in  public  places  might  be  expelled,  by  the  board,  from  school,  would  be  a  rea- 
sonable rule  and  one  which  could  be  enforced  by  the  board. — Simpson,  Dec.  8, 
1909. 

Rules  and  regulations,  whether  made  by  the  board,  or  made  by  the  teacher 
and  afterward  ratified  by  the  board,  must  be  reasonable,  and  the  courts  have 
held  that  a  rule  is  reasonable  under  which  a  pupil  may  be  suspended  or  expelled 
if  he  wilfuUv  injures  or  destroys  school  property,  for  this  would  be  a  punishment 
for  breach  of  discipline.  But  it  is  also  held  that  a  rule  which  causes  a  pupil  to 
stand  suspended  or  expelled  until  he  pays  for  the  Injury  caused  by  him  to  school 
property,  or  until  he  pays  a  fine  which  may  be  assessed  against  him  for  such  In- 
jur>'.  Is  unreasonable  and  void,  because  in  such  a  case  he  would  be  suspended  or 
expelled,  not  because  of  the  injury  caused  by  him,  but  because  he  did  not  pay 
the  damages  or  the  fine. — Young,   May  27,   1908. 

If,  in  the  opinion,  and  according  to  the  best  judgment  of  the  board,  especially 
when  such  opinion  and  judgment  are  based  upon  experience  and  actual  results, 
the  board  determines  that  the  attendance  by  the  pupils  of  the  school  at  public 
dances  interferes  with  the  regular  school  work  of  those  participating  in  the  same, 
and  is  injurious  to  the  best  interests  of  the  school  in  general,  the  board  can.  by 
adopting  a  rule,  prohibit  such  attendance.  But  the  rule  adoi'^ted  must  be  a  rea- 
sonable one  under  all  the  circumstances,  and  if  suspended  for  violating  such  a 
rule,  a  pupil  can  have  the  court  determine  whether  the  rule  Is  a  reasona):)le  one 
and  such  as  can  be  enforced,  or  is  arbitrary,  and  therefore  null  and  void. — Simp- 
son,   April   21,    1909. 

School  boards  cannot  employ  and  pay  an  architect  for  work  done  before  a 
school  district  has  voted  to  erect  a  school  house,  plans  for  which  such  architect 
may  have  made  the  architect's  plans  being  considered  a  part  of  the  work  of  build- 
ing the  school   house. — Simpson.   .Tune   2.5.   1909. 

The  officers  of  school  district,  clerk  and  treasurer  may  be  held  by  husband 
and   wife,    they   being  otherwise   qualified. — Simpson,    July    13,    1909. 

It  is  not  competent  for  a  school  board  to  disregard  the  action  of  the  annual 
school  meeting,  in  determining  the  times  when  schools  shall  be  held  within  the 
district. — Simpson,   March    19,    1909. 

The  clerk  of  the  school  district  cannot  also  be  a  teacher  In  the  same  district. — 
Simpson,   July  21,  1909. 

Although  a  school  board  is  empowered  to  provide  for  the  free  transportation 
to  and  from  school  at  the  expense  of  the  district  of  all  pupils  residing  more  than 
one-half  mile  from  the  school  house,  for  the  whole  or  such  part  of  the  school 
vear  as  thev  may  deem  expedient,  such  board  is  not  compelled  to  do  so. — Simpson, 
Sept.   21,    1910. 

An  attorney  may  be  hired  by  a  school  board  for  the  performance  of  any  par- 
ticular service  "which  is  necessary,  by  the  adoption  of  a  resolution  to  that  effect, 
but  It  is  not  competent  for  the  board  to  hire  an  attorney  by  the  year. — Simpson, 
Feb.    16,    1910. 

Permission  given  to  school  boards  to  provide  free  transportation  for  children 
has  onlv  to  do  with  transportation  to  the  public  schools,  and  such  boards  cannot 
furnish"  transportation  to  pupils  attending  parochial  schools. — Simpson,  Nov.  16, 
1910. 

Where  the  electors  of  a  school  district  borrow  money  from  the  state,  to  be 
used  for  building  a  school  house,  the  school  board  has  no  authority  to  return 
the  monev  to  the  state  and  have  the  bond  of  the  district  issued  to  the  state,  can- 
celled. This  could  only  be  done  by  the  school  district,  at  a  properly  called  special 
meeting,   for  that  purpose. — Simpson,  March   2,   1909. 

?chool  boards  have  no  right  to  make  good  a  discount  wliich  holders  of  dis- 
trict orders  may  be  forced  to  allow  to  get  them  cashed.     Orders  should  be  issued 


SCHOOL  BOARDS   AND   OFFICERS.  38 

(O  persons  entitled  therete  for  the  exact  amount  of  their  just  claims  against 
the  district.  Such  loss  as  the  payees  may  suffer  in  cashing  such  orders  must 
be  bourne   by  them;   and   it  cannot   be  made  good   by   the  district.     (1913.') 

Discretionary  powers  must  exist  in  a  board  of  pul)lic  officers  to  determinp 
when  and  to  what  extent  persons  in  their  employment  should  be  excused  by  reason 
of  sickness  or  temporary  disability;  and  unless  it  is  clear  such  power  has  been 
abuseu.  it  should  be  overruled  or  discredited.  (O'Leary  vs.  Board  of  Educatioi\ 
93   N.    Y.    1.     45   Am.    Reports  156.) 

The  board  of  a  common  district  has  power  to  exclude  a  child  from  school  if 
such  child  is  of  such  mental  disposition  as  tends  materially  to  be  detrimental 
to  the  proper  conduct  of  the  school  and  to  work  an  injury  by  detracting  to  an 
appreciable  extent  from  the  efficient  instruction  therein.  The  question  is  largely 
one  of  fact  to  be  determined  in  eacli  particular  case.     (Smith,  August  3,   1914. j 

66.     Additional   powers  of   board — The  school  board  may  also: 

(1)  Provide  for  the  admission  to  the  school  of  the  district  of  non- 
resident pupils,  and  those  above  school  age,  and  fix  the  rates  of  tuition 
for  such  pupils. 

Provided,  in  case  a  person  has  real  property  in,  and  pays  taxes  there- 
on, in  a  common  or  an  independent  school  district  other  than  the  one  in 
which  he  resides,  then  such  person  shall  be  a.dmitted  to  all  the  benefits 
of  such  other  school,  the  same  as  the  residents  therein,  and  if  the  owner 
of  less  than  80  acres  therein,  he  shall  be  admitted  to  all  the  benefits  of 
said  school  the  same  as  residents  therein,  upon  conforming  to  such  reason- 
able terms  for  tuition  as  the  board  of  education  of  such  school  district  may 
have  established  for  non-residents,  except  that  he  shall  be  entitled  to  have 
the  amount  of  school  taxes  which  he  pays  to  the  support  of  said  district 
applied  in  payment  of  said  tuition  fees. 

Provided,  further,  that  nothing  in  this  act  shall  be  so  construed  as  to 
authorize  any  person  who  may  receive  any  of  the  benefits  or  privileges 
of  this  act  to  vote  at  any  school  district  meeting  of  the  school  district 
within  which  he  may  receive  such  benefits  or  privileges,  but  of  which 
he  is  not  a  member. 

(2)  Establish  and  organize,  alter  and  discontinue,  such  grades  of 
schools  as  they  may  deem  expedient. 

(3)  Upon  a  petition  of  a  majority  of  legal  voters  authorize  the  use 
of  any  school  house  in  the  district  for  divine  worship,  Sunday  schools, 
public  meetings,  elections  and  such  other  similar  purposes  as,  in  their 
judgment,  will  not  interfere  with  its  use  for  school  purposes;  but  before 
premitting  such  use,  the  board  may  require  the  bond  of  some  responsible 
party,  in  the  penal  sum  of  one  hundred  dollars,  conditioned  for  the  proper 
use  of  such  school  house,  the  payment  of  all  rent,  and  the  repair  of  all 
damage  occasioned  by  such  use,  and  they  shall  charge  and  collect  for  the 
use  of  the  district  from  the  persons  using  such  school  house  such  reason- 
able compensation  as  they  may  fix.  (lo21,  as  amended  by  chapter  44-5, 
section  1,  1907). 

Divine  W'orsliip,  Etc. — This  statute  was  evidently  intended  to  cover  cases 
where  the  school  house  was  actually  rented  to  some  person  or  society  which 
had  no  connection  with  tlie  school  or  its  management.  It  was  never  intended 
to  be  used  as  a  cloak  or  subterfuge  to  enable  the  school  trustees  to  use  tht^ 
school  house  and  the  teacher  employed  therein  with  public  school  moneys  to 
conduct  religious  worship   in   connection  with   such   school. 

(4)  Subject  to  such  rules  and  regulations  as  they  shall  adopt ;  provid'- 
for  the  free  transportation  to  and  from  school,  at  the  expense  of  tlie  dis- 
tricts, of  all  pupils  residing  more  than  one-half  mile  from  the  school  house, 
for  the  whole  or  such  part  of  the  school  year  as  they  may  deem  expedient ; 


M  SCHOOL   BOARDS   AND   OFFICERS. 

and  in  «cliool  districts  situated  in  more  than  one  countj'  shall  provluc  such 
transportation  during  the  months  of  October,  November,  December,  January, 
February,  March  and  April  for  all  pupils  residing  two  miles  or  more  from 
the  school  house,  and  who  are  not  less  than  six  years  of  age  nor  more  than 
sixteen  years  of  age;  and  shall  require  from  every  person  employed  for 
that  purpose  a  reasonable  bond  for  the  faithful  discharge  of  his  duties,  as 
prescribed  by  the  board."  (Section  4,  chapter  445,  1907,  as  amended  by 
chapter  472,  1909). 

(5)  Make  rules  anu  regulations  respecting  the  protection  of  the 
property  of  the  district,  and  prescribe  penalties  for  a  breach  thereof,  to 
be  recovered  for  the  use  of  the  district  as  penalties  in  other  cases,  before 
a  justice  of  the  peace,  and  change  or  appeal  such  rules.     (2747) 

The  question  of  whether  a  person  is  an  actual  resident  of  a  school  district 
is  one  which  depends  upon  the  facts  in  the  case. — 91   M.  268. 

The  board  has  sole  power  to  admit  non-resident  pupils  to  the  school.  Non- 
residents cannot  attend  without  its  permission,  and  it  may  withdraw  such  per- 
mission at  any  time. — Young:,  p.  196. 

Under  sec.  1321.  R.  L.,  the  board  has  the  sole  power  to  fix  the  rate  of  tuition 
for  non-resident  pupils.  It  may  take  into  consideration  the  relations  of  such  non- 
residents to  the  district;  and  if  such  non-residents  pay  taxes  in  the  district,  it 
may  fix  a  lower  or  nominal  rate  of  tuition  in  their  cases. — Young,  p.   200. 

The  riRht  of  a  child  to  free  tuition  depends  upon  the  residence  of  such  child 
without  regard  to  the  residence  of  its  parents.  If  such  child  comes  into  the  dis- 
trict for  the  mere  purpose  of  attending  school,  the  board  may,  in  its  discretion, 
charge  tuition,  or  exclude  him  altogether.  On  the  other  hand,  a  child  who  ac- 
tually resides  in  the  district  is  entitled  to  school  privileges  without  charge.  The 
question  of  actual  residence  is  one  to  be  determined  from  all  the  facts  in  each 
case. — Young,  p.   177. 

Under  sec.  1321,  R.  L.,  a  parent  or  guardian  may  send  his  children  to  any 
school  he  pleases,  either  in  the  district  of  his  residence,  or  in  another,  by  com- 
plying with  the  regulations  of  the  board  of  suoh  other  districts  as  to  tuition,  etc. 
—Young,  p.  201. 

The  school  board  may  charge  non-resident  pupils  the  cost  price  of  books  and 
supplies  used  by  them. — Young,  p.   196. 

The  privilege,  extended  to  the  owner  of  land  in  a  school  district  in  which  he 
does  not  reside,  of  having  the  amount  of  tax  paid  by  him  on  his  land  applied  on 
the  tuition  of  his  children  in  case  he  wishes  to  send  them  to  the  school  of  such 
district,  does  not  extend  to  the  tenant  or  renter  on  such  land. — Young,  p.  207. 

Pupils  attending  school  in  a  district  of  which  they  are  not  residents,  registered 
as  paving  book-rent,  shall  not  be  counted  for  drawing  apportionment,  under  sec. 
1321  and  1346,  R.  L.— Young,  p.  185. 

One  owning  more  than  eighty  acres  of  land  in  a  district  of  which  he  is  not  a 
resident,  is  entitled  to  send  his  children  to  school  in  such  district  without  paying 
tuition;  but  if  he  owns  less  than  eighty  acres,  he  should  be  admitted  to  all  bene- 
fits of  such  district  upon  conforming  to  such  reasonable  tuition  charges  as  the 
board  has  established  for  non-residents,  and  is  entitled  to  have  the  school  taxes 
he  pays  to  support  such  district  applied  upon  tuition.  In  either  case  he  is  not 
entitled  to  vote  at  the  meetings  of  the  district;  construting  chapter  445,  Laws 
1907.— Young,  May,  1907. 

67.  Same;  to  acquire  sites  for  agricultural  schools — That  the  board 
of  education  or  other  governing  body  of  any  school  district  in  the  state 
of  Minnesota,  in  which  instruction  in  agriculture  is  afforded,  be  and  here- 
by is  authorized  and  empowered  to  purchase  or  otherwise  asquire  by  con- 
demnation proceedings  as  provided  for  acquiring  school  house  sites  in  the 
name  and  in  behalf  of  such  school  district,  a  suitable  tract  of  land  either 
within  or  without  the  limits  of  such  school  district,  to  be  used  for  the 
purpose  of  instruction,  experimentation  and  demonstration  in  agriculture. 
The  provisions  of  this  act  shall  apply  as  well  to  districts  organized  under 
special  acts  as  under  the  general  laws,  notwithstanding  any  provisions  or 
restrictions  In  the  laws  under  which  the  same  are  organized.     (2745) 

A  school  district  may  acquire  land  by  condemnation  proceedings  under  the 
exercise  of  the  right  of  eminent  domain  for  school  purposes. — '124  M.  272. 


SCHOOL.  BOARDS  AND  OFFICERS.  85 

The  board  ui  education  of  an  independent  district  has  power  to  purcliase  land 
at  fair  prices  for  the  purposes  of  agricultural  instruction,  without  the  vote  or 
sanction   of  the  electors. — Smith,  June  12,   1913. 

68.  Power  of  consolidated  districts  to  acquire  sites — The  school  board 
of  any  consolidated  school  district  which  does  not  contain  within  its  limit.'^ 
an  incorporated  city  or  village  may  purchase  or  acquire  by  condemnation 
proceedings,  as  provided  by  law  for  acquiring  school  house  sites,  in  the 
name  and  on  behalf  of  such  school  district,  a  suitable  tract  of  land  within 
the  limits  of  said  district  to  be  used  for  the  purpose  of  erecting  buildings 
thereon  for  use  for  dwelling  purposes  by  teachers  or  other  employees  of 
said  district,  and  may  erect  such  buildings  on  said  tract  or  on  any  other 
real  estate  owned  by  such  district. 

The  school  board  of  any  such  district  may  also  sell,  lease  or  other- 
wise dispose  of  such  property  so  built  or  acquired  when  deemed  advisable 
and  for  the  best  interests  of  the  districts.     (Chapter  358,  Laws  1915). 

69.  Same;  school  board  members  made  peace  officers — Members  of 
school  boards  in  common  or  consolidated  school  districts  shall  be  peace 
officers,  and  may  suppress  disorder  and  make  arrests  for  any  disorderly 
conduct,  or  breach  of  peace,  in  any  school  house  or  on  any  school  grounds, 
in  their  respective  districts,  and  may  command  the  assistance  of  all 
persons.   (2758) 

70.  Same;  to  advertise  for  bids — No  contract  for  work  or  labor,  or  for 
the  purchase  of  furniture,  fixtures,  or  other  property,  or  for  the  construc- 
tion or  repair  of  school  houses,  the  estimated  cost  or  value  of  which  shall 
exceed  five  hundred  dollars  ($500.00),  shall  be  made  by  the  school  board 
of  any  common  or  independent  school  district  without  first  advertising  for 
bids  or  proposals  in  some  newspaper  of  the  county  by  two  (2)  weeks' 
published  notice  in  the  city  or  village  located  nearest  to  the  school  district 
in  which  such  contracts  are  proposed  to  be  let,  or  some  newspaper  pub- 
lished in  the  county  seat  in  such  county.  Such  notice  shall  state  the  time 
and  place  of  awarding  the  contract,  and  contain  a  brief  description  of  the 
work  to  be  performed,  materials  to  be  furnished  or  building  to  be  con- 
structed or  repaired.     (2773) 

71.  Same;  in  letting  contracts — Every  such  contract  shall  be  awarded 
to  the  lowest  responsible  bidder,  shall  be  duly  executed  in  writing,  and  the 
person  to  whom  the  same  is  awarded  shall  give  a  sufficient  bond  to  the 
board  for  its  faithful  performance,  and  otherwise  conditioned  as  required 
by  sections  4535,  4536,  4537  and  4538,  Revised  Laws,  1905  as  amended.  If 
no  satisfactory  bid  is  received,  the  board  may  re-advertise.  Every  contract 
made  without  compliance  with  the  provisions  of  this  act  shall  be  void; 
provided,  that  in  case  of  the  destruction  of  building  or  injury  thereto, 
where  the  public  interests  would  suffer  by  delay,  contracts  for  repairs 
may  be  made  without  advertising  for  bids.     (2774) 

72.  Same;  to  provide  for  pupils  in  adjoining  district — The  school 
board   of  any   district,   when  it   deems   it   advisable,   may   provide   for   the 


.{f,  SCHOOI^  BOARDS   AND  OFFICERS. 

iiistruclion  of  its  puitils  in  an  adjoining  district,  and  in  such  case-  may 
discontinue  the  schools  of  its  own  district,  or  of  any  grades  or  depari- 
ments  in  said  schools,  and  provide  for  the  free  transportation  of  the  pupils 
of  its  own  district  to  the  school  in  an  adjoining  or  nearby  district.  The 
teachers  shall  keep  the  registers  separately  for  the  pupils  from  such  district 
discontinuing  its  schools,  and  shall  return  the  registers  and  make  separate 
records  lo  the  clerk  of  such  district  and  to  the  county  superintendent,  of  the 
number  and  names  of  pupils,  with  their  attendance,  and  such  district  shall 
retain  its  organization  and  shall  be  entitled  to  public  money,  including  the 
special  state  aid  granted  to  common  schools  of  Class  A,  under  such  rules 
as  may  be  fixed  by  the  superintendent  of  public  instruction,  except  that 
jiublic  money  for  non-resident  pupils  enrolled  in  the  high  school  department 
shall  go  to  the  district  in  which  the  high  school  is  located.  Such  aid  shall 
be  paid  from  the  appropriation  made  for  common  schools.     (2750) 

73.  Same;  power  to  admit  pupils  from  other  district — The  child  or 
children  of  any  person  in  this  state  not  resident  within  the  limits  of  any 
incorporated  city  or  village  of  this  state,  and  residing  more  than  two  miles 
by  the  nearest  traveled  road  from  the  schoolhouse  in  the  district  where 
such  child  or  children  reside,  are  here"by  authorized  to  attend  school  at  a 
school  of  schoolhouse  in  an  adjoining  district  nearer  to  such  residence  than 
the  said  schoolhouse  in  the  said  district  where  such  child  or  children  re- 
side, upon  such  reasonable  terms  as  shall  be  fixed  by  the  school  board  of 
such  adjoining  district,  upon  application  of  the  parents  or  guardian  of  such 
child  or  children.  In  case  such  parent  or  guai-dian  is  not  satisfied  or  can- 
not comply  with  the  terms  and  conditions  fixed  and  determined  by  the  school 
board  of  such  adjoining  district,  and  shall  apply  to  the  State  Superintendent 
of  Public  Instruction  for  that  purpose,  the  State  Superintendent  of  Public 
Instruction  shall  give  such  notice  of  such  application  to  the  clerk  of  the 
school  board  of  such  adjoining  district  as  shall  be  determined  by  such 
Superintendent  of  Public  Instruction,  and  shall  after  such  notice,  decide 
such  application  and  fix  such  terms  and  condition  for  the  attendance  of 
such  child  or  children  in  such  adjoining  district  as  shall  be  just  and  reason- 
able, and  thereupon  such  child  or  children  may  attend  such  school  in  such 
adjoining  district  upon  compliance  with  the  terms  fixed  by  such  superin- 
tendent of  public  instruction,  the  same  in  other  respects  as  if  resident  in 
the  district  where  such  schoolhouse  is  situated.  Provided  that  nothing 
herein  contained  shall  be  construed  as  repealing,  amending  or  modifying 
the  provisions  of  section  1321,  Revised  Laws  of  1905,  as  amended  by  chapter 
445,  of  the  General  Laws  of  Minnesota,  1907.     (2751) 

74.  Special  duties  of  boards  in  common  school  districts — The  school 
board  of  every  common  school  district  shall  submit  to  the  annual  school 
meeting  an  estimate  of  the  expenses  of  the  district  for  the  coming  year 
for  six-months  school,  and  for  such  further  time  as  it  may  be  decided  by 
the  meeting  to  hold  school,  and  for  such  other  specified  purposes  as  the 
board  may  deem  proper,  and,  if  such  meeting  shall  fail  to  vote  a  sufficient 
lax  to  maintain  a  school  for  such  time,  the  board  shall  levy  such  tax;  but 
no  such  school  board  shall  expend  any  money  or  incur  any  liablility  for  any 
purpose  beyond  the  sum  appropriated  by  vote  of  the  district  for  such  pu.'- 


SCHOOL  BOARDS   AND   OFFICERS.  37 

pose,  or  levied  by  the  board  pursuant  to  this  section,  or  ou  hand  and  applic- 
able thereto.  When  the  district  has  decided  by  vote  at  any  legal  meeting 
to  open  more  than  one  school,  the  board  shall  provide  for  opening  such 
school  or  schools,  and  assign  to  each  a  proper  number  of  pupils.     (275^) 

75.  Special  duties  of  board  in  independent  districts — In  addition  to 
the  duties  hereinbefore  imposed,  the  school  board  of  each  independent 
school  district  shall: 

1.  Make,  and,  when  deemed  advisable,  change  or  repeal,  rules  relating 
to  the  organization  and  management  of  such  board  and  the  duties  of  its 
oflBcers. 

2.  Provide  by  levy  of  tax  necessary  funds  for  the  conduct  of  schools, 
the  payment  of  indebtedness,  and  all  proper  expenses  of  the  district.     (2757) 

In  an  independent  district,  the  board,  and  not  the  electors,  should  determine 
the  length   of  school  to  be  held;   under  sec.   1325. — Young,   p.   181. 

76.  Additional  powers  of  boards  in  independent  districts — The  school 
board  of  any  independent  district  may  also: 

1.  Establish  and  maintain  public  evening  schools  as  a  branch  of  the 
public  schools,  and  such  evening  schools,  when  so  maintained,  shall  afford 
a  continuous  session  of  not  less  than  two  hours  on  each  school  day,  shall 
be  available  to  all  persons  over  ten  years  of  age  who  from  any  cause  are 
unable  to  attend  the  public  day  schools,  and  atendance  at  such  evening 
schools  shall  entitle  such  district  maintaining  the  same  to  its  pro  rata 
apportionment  of  state  school  funds  for  all  pupils  not  over  twenty-one 
years  of  age,  the  same  as  if  such  pupils  attended  the  day  schools  of  such 
district.  Except  as  herein  provided,  such  evening  schools  shall  be  under 
the  sarfle  regulations  as  day  schools  of  like  grade. 

2.  Establish  and  maintain  one  or  more  kindergartens  for  the  instruc- 
tion of  children  above  four  and  under  six  years  of  age. 

3.  Receive,  for  the  benefit  of  the  district,  bequests,  donations,  or  gifts 
or  any  proper  purpose,  and  apply  the  same  to  the  purpose  designated. 

4.  Remove  for  proper  cause  any  member  or  officer  of  the  board,  and 
till  the  vacancy;  but  such  removal  must  be  by  a  concurrent  vote  of  at  least 
four  members,  at  a  meeting  of  whose  time,  place,  and  object  he  has  been 
duly  notified,  with  the  reasons  of  such  proposed  removal,  and  after  an 
opportunity  to  be  heard  in  his  own  defence.      (2752) 

It  is  within  the  power  of  the  board  of  education  of  an  independent  di.stricl  to 
employ  a  visiting  nurse  to  assist  and  inspect  the  children  as  to  health  and  to  visit 
the  absent  in  their  homes  and  give  treatment  and  directions  as  shall  be  found 
necessary,  provided  such  action  reasonably  promotes  the  educational  advancement 
of  the  pupils  in  the  district;  and  her  compensation  rests  in  the  discretion  of  the 
board. — Smith,    January,   1913. 

The  functions  of  such  visiting  nurse,  the  work  she  is  to  perform,  and  her  com- 
pensation, rests  largely  in  the  discretion  of  the  board;  and  such  discretion  rests 
on  the  promotion  of  the  educational  advancement  of  the  pupils  of  the  district. 
Such  nurse  should  confine  her  activities  to  the  examination  of  school  children  as 
to  health  condition  and  to  the  making  of  reports  thereon  in  such  way  as  to  best 
bring  about  a  change  of  unhealthful  conditions  and  by  way  of  suggestions  as  to 
remedies  for  situations  found.  It  is  hardly  within  her  province  to  give  treat- 
ment. The  performance  of  her  duties  should  be  confined  to  matters  that  have 
to  do  with  the  health  of  the  children  from  the  standpoint  of  the  public  welfare, 
and  should  not  include  anything  that  more  than  incidentally  affects  the  welfare 
of  private    individuals.      (Smith,    .Tanuary   13,    in3.) 


9802.1 


38  SCHOOL  BOARDS   AND   OFFICERS 

77.  Duties  of  superintendent  in  independent  districts — The  superin- 
tendent in  independent  or  special  districts  shall  visit  the  schools  of  the 
district,  and  exercise  a  general  supervision  over  them,  and  report  their 
condition  to  the  board,  with  proper  recommendations,  when  he  deems  it 
advisable,  or  when  requested  by  the  board.  He  shall  superintend  the  grad- 
ing of  the'  schools  and  examinations  for  promotion,  and  shall  perform  such 
other  duties  as  the  board  shall  prescribe.  He  shall  make,  either  directly 
to  the  stale  superintendent,  or  through  county  superintendent,  such  reports 
as  shall  be  required.     (2768) 

78.  Compensation  of  officers  in  independent  districts — The  clerk, 
treasurer,  and  superintendent  of  independent  districts  sliall  receive  such 
compensation  as  may  be  fixed  by  the  board.  No  officer  or  member  of  any 
school  board  shall  receive  pay  as  such,  except  as  provided  in  this  chapter. 
(2771) 

79.  Powers,  duties  and  compensation  of  chairman  in  common  districts 
— The  chairman,  when  present,  shall  presi'le  at  all  meetings  of  the  board 
and  of  tlie  district,  except  when  a  moderator  has  been  chosen;  shall  counter- 
sign all  orders  upon  the  treasurer  for  claims  allowed  by  the  board;  shall 
represent  the  district  in  all  actions;  and  shall  perform  all  the  duties  usually 
incumbent  on  such  officer. 

In  case  of  absence,  inability  or  refusal  of  the  clerk  to  draw  orders 
for  the  payment  of  money  authorized  by  a  vote  of  the  majority  of  the 
board  to  be  paid,  the  orders  may  be  drawn  by  the  chairman,  and  paid  by 
the  treasurer,  a  statement  thereof,  with  a  copy  of  such  orders,  being  deliv- 
ered to  the  clerk  by  the  treasurer,  or  the  office  of  the  clerk  may  be  declared 
vacant  by  the  chairman  and  treasurer,  and  filled  by  appointment. 

The  chairman  may  receive  as  compensation  such  an  amount  as  may  be 
determined  at  the  regular  school  meeting  of  the  district,  but  such  com- 
pensation shall  not  exceed  six  dollars  in  any  one  year.     (2767) 

80.  Duties  of  clerk  in  common  districts — The  clerk  shall  keep  in  books 
provided  for  that  purpose  a  record  of  all  meetings  of  the  district  and  the 
board.  He  shall,  within  three  days  after  the  meeting,  notify  all  persons 
elected  upon  any  school  board  or  as  officers  of  any  district  of  their  election, 
and,  on  or  before  August  10  in  each  year,  make  and  transmit  to  the  county 
superintendent  a  certified  report,  showing: 

1.  The  condition  and  value  of  school  property. 

2.  The  receipts  and  disbursements  in  detail,  and  such  other  financial 
matters  as  may  be  called  for  by  the  state  superintendent. 

3.  The  annual  arrangement  of  terms  of  school,  and  the  grading,  if  any 
thereof. 

4.  The  names  and  postoffice  addresses  of  all  trustees  and  other  oflicers. 

5.  Such  other  items  of  information  as  may  be  called  for  by  the  state 
superintendent. 

He  shall  enter  in  his  record  book  copies  of  all  his  reports  and  of  the 
teachers'  term  reports,  as  they  appear  in  the  registers,  and  of  the  pro- 
ceedings of  any  meeting  as  furnished  him  by  the  clerk  pro  tem.,  and  shall 
keep  an  itemized  account  of  all  the  expenses  of  the  district;  and  in  common 
districts  he  shall  report  to  the  county  superintendent  the  time  of  commence- 
ment of  each  term  at  least  two  weeks  in  advance.  He  shall  furnish  to  the 
county  auditor  or  auditors  of  the  proper  county  or  counties,  on  or  before 
October  10  of  each  year,  an  attested  copy  of  his  record,  showing  the  amount 
of  money  voted  by  the  district  or  the  board  for  school  purposes;  shall  draw 
and  sign  all  orders  upon  the  treasurer  for  the  payment  of  money  for  bills 
allowed  by  the  board  for  salaries  of  officers  or  for  teachers'  wages,  to  be 
countersigned  by  the  chairman.  Such  orders  shall  state  the  consideration, 
payee,  and  fund,  and  the  clerk  shall  take  a  receipt  therefor.  Teachers' 
wages  shall  have  preference  in  the  order  in  which  they  become  due,  and 
no  money  applicable  for  teachers'  wages  from  the  current  fund  shall  be  used 


SCHOOL  BOARDS   AND   OFFICERS  39 

for  any  other  purpose,  nor  shall  teachers'  wages  be  paid  irom  any   fund 
except  that  raised  or  apportioned  for  that  purpose.     (2759) 

The  issuance  of  an  order  by  the  clerk  of  a  district  to  pay  the  wages  of  a 
teacher  Itnown  by  him  not  to  have  been  licensed  to  teach,  is  an  unlawful  diversion 
of  the  funds  of  the  district,  and  subjects  him  to  the  penaltv  provided  by  law. — 
31  M.  333.  f  .    i- 

The  clerk  should  draw  orders  for  payment  of  teachers'  wages  as  due,  without 
requiring  a  bill  therefor  to  be  first  allowed  by  the  board. — 126  M.  367. 

81.  Compensation  of  clerk  in  common  districts — The  clerk  of  each 
common  district  shall  be  paid  at  the  rate  of  two  per  cent  of  the  cash 
disbursements  for  the  year,  upon  making  his  annual  report  to  the  super- 
intendent as  required  by  law  accurately  and  in  proper  time;  such  compen- 
sation shall  not  exceed  six  dollars  in  any  one  year,  unless  a  greater  com- 
pensation has  been  voted  at  a  meeting  of  the  district  upon  a  notice  stating 
that  action  would  be  had  at  such  meeting  respecting  such  increase  of 
compensation;  provided  that  in  no  case  shall  the  compensation  of  the  clerk 
as  herein  provided  exceed  fifty  dollars  ($50.00)  for  any  one  year.  Such 
payment  shall  be  made  by  the  treasurer  upon  a  certificate  of  the  superin- 
tendent that  such  clerk  is  entitled  thereto.     (2769) 

The  fixing  the  compensation  of  treasurer  at  one  annual  meeting  has  no  effect 
upon  his  salary  for  a  subsequent  year.  The  treasurer  is  not  entitled  as  a  matter 
of  right  to  2  per  cent  of  moneys  handled  bf  him  during  any  year. 

82.  Duties  of  treasurer  in  common  districts — The  treasurer  shall  receive 
and  be  responsible  for  all  moneys  of  the  district,  and  shall  disburse  the 
same  on  orders  signed  by  the  clerk  and  countersigned  by  the  chairman,  or 
other  vouchers  authorized  by  law.  Each  order  shall  state  the  fund  on 
which  it  is  draAvn,  the  name  of  the  payee,  and  the  nature  of  the  claim  for 
which  such  order  is  issued.  He  shall  keep  an  account  of  each  fund,  and  of 
all  receipts  and  disbursements,  showing  the  source  of  such  receipts  and 
nature  and  purpose  of  such  disbursements,  and  within  three  days  preceding 
the  annual  meeting  shall  file  with  the  clerk  a  detailed  financial  statement 
of  the  district,  showing  all  receipts  and  disbursements,  and  the  nature  of 
the  same,  the  moneys  on  hand  and  the  purpose  to  which  the  same  are 
applicable,  the  credits  of  the  district,  and  its  outstanding  liabilities,  and  the 
nature  thereof.  Such  report,  together  with  his  vouchers,  shall  be  examined 
by  the  board,  and,  if  found  correct,  approved  by  resolution,  entered  in  the 
records.  If  incomplete  or  inaccurate,  a  further  or  amended  report  may  be 
required  by  the  board.  Such  report,  when  complete,  shall  be  laid  before 
the  annual  meeting,  to  be  in  like  manner  approved.  He  shall  make  such 
further  reports  as  may  from  time  to  time  be  called  for  by  the  board,  and 
shall  perform  all  duties  usually  incumbent  on  such  oflicer. 

Every  order  drawn  for  the  payment  of  teachers'  wages,  and  for  any 
other  lawful  purpose,  after  having  been  presented  to  the  treasurer  for 
payment,  and  not  paid  for  want  of  funds,  shall  be  endorsed  by  the  treasurer 
by  putting  on  the  back  thereof  the  words,  "Not  paid  for  want  of  funds," 
giving  the  date  of  indorsement  and  signed  by  the  treasurer.  A  record  of 
such  presentment,  non-payment  and  indorsement,  shall  be  made  by  the 
treasurer.  Every  such  order  shall  bear  interest,  at  the  rate  of  6  per  cent 
per  annum  from  the  date  of  presentment,  until  the  treasurer  serves  a 
written  notice  upon  the  payee  or  his  assignee,  personally,  or  by  mail,  that 
he  is  prepared  to  pay  such  order,  such  notice  may  be  directed  to  the  payee 
or  his  assignee  at  the  address  given  in  writing  by  such  payee  or  assignee 
to  such  treasurer,  at  any  time  prior  to  the  service  of  such  notice;  no 
order  shall  draw  any  interest  if  such  address  is  not  given  when  the  same 
is  unknown  to  the  treasurer.     (2760) 

When  the  treasurer  has  lost  district  funds  by  burglary,  without  his  own  fault, 
he  and  his  bondsmen  are  liable  for  the  loss;  and  a  vote  of  the  district  to  discharge 
him  from  the  obligation  is  of  no  effect. — 44  M.  427. 


40  SCHOOL   BOARDS   AND  OFFICERS. 

The  treasurer  of  a  district  is  not  required  to  allow  certificates  of  deposits  to 
reniain  on  deposit  In  the  bank  which  issued  them;  but  he  may  convert  them  Into 
moiioy  if  he  desires. — riS  M.  ftS'i. 

The  treasurer  who  mingles  school  funds  with  his  own,  but  who  Is  able  and 
willing  at  all  times  to  pay  all  legal  orders  of  the  di.sirict,  and  accounts  for  all 
money  received  during  his  term  at  the  end  of  his  term,  is  not  liable  after  such 
accounting  and  after  the  end  of  his  term. — 98  M.  535. 

"Has  the  treasurer  authority  to  recognize  by  payment  an  order  signed  by 
the  clerk  only?"  It  will  be  observed  that  it  Is  only  when  attested  by  the  director 
that  the  treasurer  Is  authorized  to  pay.  Paragraph  93  (section  71)  provides  for 
the  payment  of  orders  signed  by  the  director  alone  in  case  of  the  absence,  In- 
abilitv   or  refusal  of  the   clerk    to  draw  orders. — Hahn,    p:ige   509. 

The  law  implies  that  the  books  and  moneys  shall  be  turned  over  to  the 
ncwlv  elected  treasurer  at  once,  when  he  shall  have  qualilied,  and  refusal  on  the 
part  "of  the  old  incumbent  to  thus  comply  with  the  law  would  subject  him  to 
prosecution.  It  is  embezzlement  for  a  school  district  treasurer  to  refuse  to  ac- 
count to  his  successor  in  office  and  withhold  from  him  the  moneys  of  the  dis- 
trict.—Chihls,   June   7.   1S93. 

A  person  who  executes  any  of  the  functions  of  a  public  office  without  hav- 
ing executed  and  duly  filed  the  required  security  is  guilty  of  a  misdemeanor,  and 
in  addition  to  the  punishment  prescribed  therefor,  he  forfeits  his  right  to  the  of- 
fice.— Penal   Code. 

A  failure  on  the  part  of  a  treasurer-elect  to  execute  a  bond  within  the  re- 
quired time  makes  It  the  duty  of  the  director  and  clerk  to  appoint  another  treas- 
urer.—Childs,   July   8.   1892. 

There  is  no  provision  of  law  for  a  deputy  district  treasurer.  Removal  of  the 
treasurer  from  the  district  creates  a  vacancy  in  the  office  which  should  be  filled 
by  appointment. — Donahower,  page  137. 

Under  section  1327,  R.  L,.,  the  treasurer  of  a  district  is  authorized  to  pay  out 
monev  onlv  upon  orders  signed  by  the  clerk  and  countersigned  by  the  chairman; 
and  if  he  wilfully  violates  this  provision,  he  may  be  punished  under  section  4796. 
R.   L.,   or  called   "to  an  accounting  in   a  civil  action. — Young,   page  203. 

Under  section  1327,  R.  L,.,  the  treasurer  must  submit  a  detailed  statement  of 
the  finances  of  the  district  to  the  board  three  days  before  the  annual  meeting; 
and  such  statement  should  be  examined  by  the  board  and,  when  complete,  should 
be  laid  before  the  annual  meeting  for  approval.  If  the  board  is  not  satisfied 
with  such  statement,  or  has  reason  to  believe  it  is  not  correct,  it  may  bring 
suit  upon  the  bond  of  the  treasurer  and  try  the  whole  matter  in  court. — Young, 
page  3S7. 

The  law  does  not  provide  that  school  orders  presented  to  the  district  treas- 
urer, and  indorsed  "Xot  paid  for  want  of  funds,"  shall  be  paid  by  the  treasurer 
in  the  order  in  which  they  have  been  refused,  when  there  are  available  funds 
in  the  treasury  for  the  payment  of  such  orders,  but  it  is  suggested  that  that 
course  of  procedure  should  be  followed,  and  the  orders  redeemed  in  the  order 
in  which  they  have  been  presented  and  refused,  unless  there  is  some  good  reason 
for   contrarv   action. — Simpson,   May    19,    1909. 

A  school  district  treasurer  cannot  enter  into  a  contract  with  the  district  for 
the  transportation  of  children  to  and  from  school,  and  if  he  does  so  he  becomes 
liable  for  committing  a  gross  misdemeanor,  under  section  5032,  R.  L.,  1905. — Simp- 
son, September  15,   1909. 

83.  Bond  of  treasurer — Every  school  district  treasurer  shall  give  bond 
to  the  state  in  a  sum  equal  to  twice  the  amount  of  money  that  will  probably 
come  into  his  hands  during  any  one  year  of  his  term,  to  be  approved  by 
the  board  and  filed  with  the  clerk,  conditioned  for  the  faithful  discharge 
of  his  official  duties.  The  chairman  and  clerk  may  at  any  time  require 
such  treasurer  to  give  a  new  bond,  and,  upon  his  failure  to  give  bond  as 
required  by  this  section,  they  may  declare  the  office  vacant,  and  appoint  a 
successor;  provided,  however,  that  if  the  said  bond  so  furnished  by  the 
treasurer  be  that  of  a  surety  company,  authorized  to  do  business  in  the 
State  of  Minnesota,  then  the  amount  of  such  bond  shall  be  equal  to  the 
amount  of  money  that  will  probably  come  iiilo  liis  hands  during  any  one 
year  of  his  term.     (2761) 

The  act  of  the  director  and  clerk  of  a  district  in  approving  the  treasurer'.s 
bond  is  one  requiring  the  exercise  of  judgment  and  discretion,  and  is  therefore 
a  judicial  act.— 72  M.  37. 

The  statute  requiring  the  treasurer's  bond  to  be  in  double  the  amount  of 
monev  that  shall  come  into  his  hands,  means  the  aggregate  amount  that  will 
comeinto  his  hands,  and  not  the  probable  amount  that  will  be  in  his  hands  at  any 
one  time.— 72  M.  37. 

The  bond  of  treasurer  .should  be  in  a  sum  equal  to  twice  the  amount  of  money 
that  will  probably  come  into  his  hands  during  any  one  year  of  his  term;  and  must 
be  approved  by  the  board  and  filed  with  the  clerk.  If  -such  bond  be  one  furnished 
by  a  surety  company  authoiized  to  do  business  in  the  state,  its  amount  shall  be 
equal  to  the  amount  of  money  which  will  probably  come  into  his  hands  during  any 
one  year  of  his  term. — Smith,  July  30,  1914. 


SCHOOL   BOARDS    AND   OFFICERS.  41 

84.  Compensation  of  treasurer  in  common  district — 'Die  treasurer  of 
such  district  may  receive  as  compensation  sucli  an  amount  as  shall  be 
determined  at  the  regular  school  meeting  of  the  district,  not  exceeding, 
however,  twenty-five  dollars  per  annum,  which  shall  be  allowed  only  after 
his  annual  report  shall  have  been  approved  by  the  board.     (2770) 

The  treasurer  of  a  school  district  cannot  receive  money  for  his  services  unless 
the  same  be  voted  to  him  at  the  annual  meeting  after  his  report  has  been  audited 
and  approved  by  tlie  board;  and  then  it  cannot  exceed  $25.00  per  \ear. — Smith, 
July  30,   1914. 

Action  at  annual  meeting-  fixing  compensation  of  treasurer  for  the  preceding 
year  has  no  effect  upon  his  compensation  for  any  subsequent  vear. — Smith,  July  30, 
1914. 

The  treasurer  is  not  entitled,  as  a  matter  of  right,  to  2"  per  cent  of  all  moneys 
handled  by  him  during  the  year. — Smith,  July  30,  1914. 

Two  things  must  concur  in  order  that  a  treasurer  may  receive  his  compensa- 
tion, viz.:  approval  of  his  annual  report;  the  vote  of  the  annual  school  meeting 
fixing  his  compensation.     (Simpson,  July  20,  1910.) 

85.  Appointment  of  clerk  in  special  districts — The  board  of  education 
in  any  special  school  district  at  its  annual  meeting  for  organization,  may, 
at  its  option,  appoint  as  its  clerk  or  secretary  a  person  not  a  member  of 
such  board,  and  may  make  provision  for  his  compensation  in  accordance 
with  existing  law.     (2741) 

86.  Opinion  of  attorney  general — If  any  difference  of  opinion  arises 
between  school  officers,  or  any  doubt  as  to  the  pi'oper  construction  of  any 
part  of  this  chapter,  or  as  to  their  powers  or  duties,  the  state  superintendent, 
at  the  request  of  any  such  officer,  shall  submit  such  question  to  the  attorney 
general,  who  shall  give  his  written  opinion  thereon  to  such  superintendent, 
and  such  opinion  shall  be  binding  until  annulled  or  overruled  by  a  court. 
(2775) 

87.  School  officers  may  select  depositors — The  officers  of  the  several 
common  and  independent  school  districts  in  this  state  may  in  their  discre- 
tion, select  and  designate  as  a  depository  or  depositories  for  school  district 
moneys,  any  national  or  state  bank,  or  banks,  for  a  period  not  exceeding 
three  years  on  the  execution  of  such  bank  or  banks  of  a  sufficient  bond  to 
the  school  district  in  double  the  sum  deposited,  except  in  cases  where  the 
bond  furnished  is  that  of  a  surety  company  authorized  to  do  business  in  the 
state  of  Minnesota,  and  in  such  cases  the  amount  of  bond  shall  be  equal 
to  the  estimated  sum  to  be  deposited,  to  be  approved  by  the  board  and 
filed  in  the  office  of  the  county  auditor  of  the  county  where  in  said  school 
district  may  be  situated,  and  thereupon  may  require  the  treasurer  to 
deposit  all  or  any  part  of  the  school  district's  money  in  such  bank  or  banks. 
Such  designation  shall  be  in  writing  and  shall  set  forth  all  the  terms  and 
conditions  upon  which  the  deposits  are  made,  be  signed  by  the  chairman 
and  clerk  or  president  and  clerk,  as  the  case  may  be,  and  filed  with  the 
clerk.  That  thereupon  such  bank  or  banks  shall  become  a  legal  depository 
or  depositories  for  school  district  moneys  and  thereafter  the  school  district 
treasurer  shall  deposit  such  school  district  moneys  therein  as  he  shall  be 
required  from  time  to  time  to  deposit  bv  such  school  district  officers. 
(2763) 

88.  Treasurer  to  be  exempt  from  liability — The  school  district  treasurer 
and  the  sureties  on  his  bond  shall  be  exempt  from  liability  to  the  school 
district  by  reason  of  the  loss  of _ any  funds  of  such  school  district  deposited 
in  any  such  bank  or  banks  from  the  failure,  bankruptcy  or  other  acts  of 
such  bank  or  banks  to  the  extent  and  amount  of  such  funds  in  such  bank 
or  banks  at  the  time  of  such  failure  or  bankruptcy.     (2764) 

If  a  school  board  has  properly  designated  a  bank  as  a  depository,  a  proper 
bond  having  been  furnished  and  accepted,  it  becomes  the  duty  of  the  treasurer 
to  deposit  the  funds  of  the  district  in  such  bank,  and,  failing  to  do  so,  he  is  per- 
sonally responsible  for  such  funds,  and  if  Ihey  are  lost  he  and  his  bondsmen  can 
be  held  therefor.  Action  in  mandamus  will  lie  to  compel  him  to  deposit  the  funds 
in  the  designated  depository. — Simp.son,   August   19,    1909. 


42  SCHOOL  BOARDS    AND  OFFICERS. 

89.  Interest  computed  monthly — All  interest  on  moneys  deposited,  ag 
hereinbefore  provided,  siiall  be  computed  on  monhtly  balances,  and  become 
the  property  of  said  school  district.     (2765) 

90.  Officers  not  allowed  additional  compensation — No  additional  com- 
pensation or  foes  sliull  be  paid  any  of  tiie  school  district  officers  by 
reason  of  any  of  the  provisions  of  this  act.     (2706) 


SCHOOL  BOARDS  IN  UNORGANIZED  TERRITORY,  AND  IN 
DISTRICTS   OF  TEN   OR  MORE  TOWNSHIPS. 

91.  Provision  for  education  in  unorganized  territory — The  power  of 
providing  for  the  education  of  children  of  school  age  residing  in  any 
unorganized  territory  within  the  state  of  Minnesota  shall  be  vested  in 
the  county  board  of  education  for  unorganized  territory  of  the  county 
where  such  unorganized  territory   is   situated.      (2776) 

92.  Same;  county  board,  how  constituted — The  chairman  of  the  board 
of  county  commissioners,  the  county  superintendent  of  schools,  and  the 
county  treasurer  shall,  ex-officio  compose  the  county  board  of  education 
for  unorganized  territory  in  each  county  within  the  state.     (2777) 

93.  Same;  board  may  authorize  clerk  to  county  superintendent  at 
$60  per  month — ^The  chairman  of  the  county  board  of  commissioners  shall 
be  the  chairman  of  the  county  board  of  education;  the  county  treasurer 
shall  be  the  treasurer  of  said  board;  the  county  superintendent  of  schools 
shall  be  the  clerk  of  said  board  of  education.  The  county  board  of  educa- 
tion may  also  employ  a  competent  person  to  act  as  clerk  of  the  county 
superintendent  of  schools,  who  shall  perform  such  other  services  as  the 
board  may  direct.  Such  person  shall  not  enter  upon  his  duties  as  such  clerk 
until  his  appointment  has  been  ratified  by  the  county  board,  who  shall  fix 
his  salary,  which  shall  not  exceed  sixty  dollars  ($60)  per  month.     (2778) 

94.  Same;  salaries  of  members  of  county  boards  of  education — For 
their  services  performed  under  the  provisions  of  this  act,  the  chairman  of 
said  board  of  education  shall  be  paid  three  dollars  ($3)  per  day  for  the 
time  actually  employed  by  him  as  such  chairman  and  ten  cents  (10c)  per 
mile  for  distance  actually  traveled  by  him  in  performance  of  his  said 
duties  not  exceeding  the  total  sum  of  four  hundred  dollars  ($400)  in  any 
one  year  for  such  mileage  and  per  diem;  the  treasurer  of  said  board  shall 
be  paid  one  and  one-half  per  cent  (1%%),  and  the  clerk  one  per  cent  (1%) 
of  the  cash  disbursements  for  the  year,  but  only  after  all  reports  required 
by  law  have  been  made  in  conformity  thereto;  provided,  that  this  section 
shall  not  apply  to  counties  having  a  population  of  more  than  100,000.     (2785) 

95.  Same;  when  to  meet — The  county  board  of  education  for  un- 
organized territory  shall  meet  on  the  first  Monday  of  each  month  at  the 
county  seat  for  the  purpose  of  transacting  the  business  of  said  board,  con- 
sider petitions,  reports  from  teachers,  audit  and  pay  bills,  etc.     (2779) 

96.  Same;  duty  of  clerk — It  shall  be  the  duty  of  the  clerk  of  the  county 
board  of  education  to  make  to  the  state  superintendent  of  schools  reports 
similar  to  those  made  by  the  county  superintendent  in  case  of  organized 
districts,  and  to  the  county  auditors  reports  similar  to  those  made  by  the 
clerk  of  organized  districts.     (2780) 

97.  Same;  taxes  levied  for  schools  and  furniture — The  said  board  of 
education  shall,  annually,  on  the  third  Saturday  of  July,  make  a  levy  on 
all  property  situated  in  unorganized  territory  of  the  county  for  the  purpose 
of   providing   schools,   teachers,   transportation   of   pupils,   board   of   pupils, 


SCHOOL  BOARDS   AND   OFFICERS.  43 

textbooks,  apparatus,  school  supplies,  etc.,  for  the  education  of  children 
residing  within  such  territory.  This  tax  levy  shall  be  known  as  the  special 
unorganized  school  levy,  and  it  shall  be  so  spread  on  the  tax  lists  by  the 
county  auditor.     (2781) 

98.  Same;  duty  of  board  as  to  school  houses,  etc. — It  shall  be  the  duty 
of  the  said  board  to  furnish  school  facilities  to  every  child  of  school  age 
residing  in  any  part  of  said  unorganized  territory,  either  by  building  school 
houses,  leasing  school  room,  transporting  said  children  to  the  nearest 
school,  boarding  said  children  within  convenient  distance  from  a  school 
at  the  expense  of  said  board,  or  otherwise,  and  to  provide  necessary  sup- 
plies, text  and  library  books.     (2782) 

99.  Same;  power  of  board — When  not  otherwise  provided  in  this  act, 
the  powers  and  duties  of  said  board  of  education  of  unorganized  territory 
shall  be  the  same  as  those  of  school  boards  and  annual  meetings  of  com- 
mon school  districts.     (2783) 

100.  Same;  organization  of  school  district — When,  in  the  opinion  of 
the  said  board,  it  shall  appear  that  any  territory  enjoying  the  privileges  of 
unorganized  territory  should  be  organized  into  a  common  school  district, 
the  said  board  shall  notify  the  county  board,  which  shall  cause  notice  of 
hearing  thereon  to  be  given  and  otherwise  proceed  as  provided  by  law  for 
organization  of  common  school  districts.     (2784) 

101.  Division  of  moneys  of  school  districts  between  old  and  new 
counties — Whenever  a  new  county  or  counties  have  been  or  may  hereafter 
be  created  and  organized  out  of  territory  embraced  within  the  boundaries 
of  one  or  more  organized  counties  and  in  which  there  is  unorganized  school 
territory,  acting  under  the  provisions  of  chapter  76  of  General  Laws  of 
Minnesota  for  1907,  and  act  amendatory  thereof,  and  lying  partly  within 
the  old  and  new  counties,  or  wholly  within  the  new  county,  the  county 
boards  of  education  of  the  old  and  new  counties  shall  meet  upon  the  writ- 
ten request  of  the  county  superintendent  of  either  county  at  such  time  and 
place  as  shall  be  designated  in  said  request,  which  said  request  shall  be 
served  upon  each  member  of  each  county  board  of  education  of  the  coun- 
ties affected  at  least  five  days  before  the  time  of  such  meeting  and  make 
a  division  of  all  the  moneys,  funds  and  credits  belonging  to  such  unorgan- 
ized school  territory  as  the  same  exists  prior  to  the  division  of  the  county 
or  counties,  and  in  making  such  division,  the  said  board  shall  take  into 
consideration  the  indebtedness  of  said  unorganized  school  territory  and 
shall  make  such  division  as  they  deem  just  and  equitable,  and  all  such 
moneys,  funds,  credits,  and  property  shall  be  divided  and  apportioned  to 
the  respective  unorganized  territory  in  the  old  and  in  the  new  county  in 
proportion  to  assessed  valuation  of  taxable  property  in  such  unorganized 
territory,  respectively,  in  such  old  and  new  county,  at  the  last  assessment 
thereof.     (2786) 

102.  Same:  board  of  apportionment — In  cases  provided  by  section  1  and 
in  case  the  county  boards  of  education  of  the  old  and  new  counties  shall 
fail  to  meet  pursuant  to  the  notice  provided  in  section  1  of  this  act,  the 
county  superintendents  of  the  old  and  new  county  or  counties  and  the  state 
superintendent  of  public  instruction,  or  his  deputy,  shall  constitute  a  board 
of  aportionment,  and  upon  the  written  application  of  the  county  board  of 
education  of  either  county  affected  shall  make  a  division  of  all  the  moneys, 
funds,  credits  and  property  as  provided  in  section  1  of  this  act,  which  ap- 
portionment shall  be  in  writing  and  verified  by  the  state  superintendent  of 
public  instruction,  or  such  deputy,  and  at  least  one  of  the  county  super- 
intendents of  the  counties  affected,  and  filed  in  the  office  of  the  secretary 
of  state,  and  shall  be  final  and  conclusive.  Within  five  days  after  the  filing 
of  said  apportionment  the  secretary  of  state  if  apportionment  is  made  as 
provided  in  this  section,  or  the  superintendent  of  schools  of  each  county  if 


-14  SCHUOL   BOAUDtJ    AND   OFFICERS. 

sucli  apporiioimient  is  made  as  provided  by  section  1  of  this  act,  shall 
transmit  to  the  treasurers  of  the  counties  affected  by  said  apportionment 
a  certified  copy  of  such  apportionment  and  application,  if  any.     (2787) 

103.  Duties  of  county  boards  and  officials — The  county  boards  of  edu- 
cation and  the  county  officials  of  the  old  and  new  counties  shall  forthwitli 
after  such  division  and  apportionment  proceed  to  fulfill  and  carry  out  the 
terms  thereof,  determined  or  herein  provided.     (2788) 

104.  Districts  of  ten  or  more  townships — Trustees — How  elected — in 
all  common  school  districts  in  Minnesota  embracing  or  containing  ten  or 
more  townships,  the  trustees  and  members  of  the  school  board  shall  be 
elected  as  follows:  In  all  such  districts  existing  at  the  date  of  the  passage 
of  this  act,  the  trustees  and  members  of  the  school  board  shall  continue  to 
iiold  their  respective  offices,  as  follows:  The  chairman  until  August  1 
following  the  next  biennial  general  state  election;  the  treasurer  until  one 
year  from  such  date,  and  the  clerk  until  two  years  from  such  date.  If  said 
terms  of  office  or  either  of  them  so  existing  at  the  date  of  the  passage  of 
this  act  shall  expire  prior  to  said  dates,  that  is,  shall  expire  prior  to 
August  1  following  the  next  biennial  general  f;tate  election,  and  one  year 
from  said  date,  and  two  years  from  said  date,  as  above  stated,  then  and 
in  that  event  the  expiration  of  such  tei*m  shall  constitute  a  vacancy,  and 
such  vacancy  shall  bo  filled  as  provided  by  sections  1316  and  1317  of  said 
Revised  Laws  of  190.5,  as  amended  hereby.  At  the  first  meeting  of  each 
newly  created  or  organized  district  hereafter  created  or  organized,  con- 
taining ten  or  more  townships  the  chairman  shall  be  elected  to  hold  office 
until  August  1  following  the  next  biennial  general  state  election,  the  treas- 
urer until  one  year  from  said  date,  and  the  clerk  imtil  two  years  from  said 
date.  At  the  first  biennial  general  state  election  held  after  the  passage  of 
this  act  in  common  school  districts  embracing  or  containing  ten  or  more 
townships,  and  at  the  first  biennial  general  state  election  held  after  the  or- 
ganization of  each  new  district  embracing  or  containing  ten  or  more  town- 
ships, and  in  each  biennial  general  state  election  thereafter,  there  shall 
be  elected  two  members  of  said  board,  such  members  being  elected  to  fill 
the  offices  expiring  respectively  August  1  after  such  election  and  one  year 
from  August  1  after  such  election,  the  term  of  office  of  one  to  commence 
August  1  in  the  year  following  his  election,  and  that  of  the  other  August  1 
iri  the  second  year  following  his  election.  The  office  to  which  each  is  so 
elected  and  the  time  of  the  commencement  of  the  term  of  each,  with  the 
length  of  term,  shall  be  stated  on  the  ballot.  For  the  purpose  of  carrying 
into  effect  this  act.  and  so  as  to  enable  the  electors  in  each  of  such  dis- 
tricts embracing  or  confining  ten  or  more  townships  to  elect  officers  .it 
such  bienniiU  general  state  election,  the  general  election  laws  of  this  state, 
including  the  primary  election  law,  shall,  so  far  as  possible,  be  applicabl*^ 
hereto,  and  the  cindidate.''  for  said  offices  shall  file  for  nomination  and  be 
chosen  and  nominated  and  their  names  placed  upon  the  ballot,  under  and 
pursuant  to  the  provisions  of  said  general  election  law  and  the  primary 
election  law  in  this  state,  and  such  general  election  law  and  primary  elec- 
tion law  shall  be  made  applicable  hereto  and  carried  out  by  the  officers 
and  per.oons  having  the  performance  and  enforcement  thereof,  except  that 
a  separate  ballot  box  shall  be  used  and  voters  need  not  register.  The 
votes  shall  be  returned  and  canvassed  and  the  persons  elected  notified  in 
the  same  manner  as  in  the  election  of  county  officers.     (2718) 

105.  Same:  powers  and  duties  as  independent  districts — The  school 
board  in  a  common  district  containing  ten,  or  more,  townships  shall  have  and 
exercise  all  powers,  and  be  subject  to  the  same  laws  and  regulatlonf?  as 
school  boards  in  independent  districts.     (2785) 

106.  Same:  publication  of  proceedings — In  all  school  districts  embracing 
or  containing  ten  or  more  townships,  the  school  board  shall  publish  in  a 
legal  newspaper  in  the  district,  or  if  there  be  no  such  newspaper  published 


DISTRICT   BONDS   AND  INDEBTEDNESS.  45 

in  the  school  district,  in  a  legal  newspaper  published  in  the  county,  to  bo 
designated  by  said  board  annually,  the  proceedings  of  such  board  within 
thirty  days  after  such  proceedings  are  had.     (2722) 

107.  Same:  meaning  of  "proceedings" — The  term  "proceedings"  as  used 
in  this  act  shall  include  a  statement  of  all  propositions  submitted  by  motion 
or  resolution,  or  otherwise,  to  such  board,  including  Ihe  number  of  votes 
for  and  against  all  reports  made  to  such  board,  and  its  action  thereon,  and 
an  abstract  of  all  claims  allowed,  giving  name  of  claimant  and  amount 
and  general  purpose  of  the  claim.     (272o) 

108.  Same:  public  examiner  to  make  annual  inspection — The  state 
public  examiner  shall,  at  least  once  in  each  year,  make  examination  of  the 
books  and  records  of  all  districts  affected  by  this  act,  and  the  school  district 
shall  pay  the  costs  and  expenses  of  making  such  examinations     (2724) 

109.  Same:  compensation  of  officers — In  all  common  school  districts 
composed  of  ten  or  more  townships  each  member  of  the  school  board  in 
such  districts  shall  receive  as  annual  compensation  for  his  services  as  a 
member  of  such  board  the  amounts  herein  stated,  to-wit: 

Two  hundred  dollars  ($200)  a  year  where  such  district  contains  thirty 
public  schools;  four  hundred  dollars  ($400)  a  year  where  such  district 
contains  thirty-one  public  schools  but  less  than  sixty-one;  six  hundred 
dollars  ($600)  a  year  where  such  district  contains  sixty-one  public  schools 
but  less  than  ninety-one;  eight  hundred  dollars  (?800)  a  year  where  such 
district  contains  ninety-one  public  schools  or  more;  provided,  that  in  such 
common  districts  containing  less  than  thirty  public  schools  and  in  which 
is  maintained  a  high  school,  the  annual  compensation  of  the  members  of 
the  school  board  shall  be  fixed  at  the  annual  school  meeting.     (2719) 

110.  Same;  compensation  for  expenses — In  addition  to  their  salarie.^, 
the  members  of  the  school  board  in  such  school  districts  shall  be  paid 
their  actual  and  necessary  traveling  expenses  incurred  and  paid  by  each 
of  them  in  the  conduct  of  his  official  duties,  including  the  visitation  oi" 
schools.  Such  expenses  shall  be  paid  upon  duly  itemized  and  verified 
vouchers  approved  by  the  board  and  filed  with  the  clerk  and  made  a  pari 
of  the  official  records  of  the  school  board;  provided,  that  the  traveling  ex- 
penses incurred  by  the  members  of  the  school  board  in  any  such  district  in 
any  year  shall  be  limited  to  the  following  amounts,  as  hereinafter  pro- 
vided: One  hundred  and  fifty  dollars  ($150)  where  the  numbers  of  schools 
in  such  district  does  not  exceed  thirty;  three  hundred  dollars  ($300)  whe'-e 
the  number  of  schools  does  not  exceed  sixty;  four  hundred  and  fifty  dol- 
lars ($450)  where  the  number  of  schools  does  not  exceed  ninety;  and  five 
hundred  dollars  ($500)  where  the  number  of  schools  is  in  excess  of  ninety. 
Such  salaries  and  expenses  shall  be  paid  monthly  by  the  treasurer  of  such 
school  district  on  the  order  of  the  clerk,  countersigned  by  the  chairmaji. 
(2720) 

111.  Same;  tax  levy  to  be  made — A  levy  shall  be  made  in  such  com- 
mon school  districts  to  pay  the  salaries  and  expenses  of  the  members  of 
the  school  board  in  the  same  manner  as  is  now  provided  by  law  for  mak- 
ing levy  for  the  support  of  public  schools  in  common  school  districts  com- 
posed of  ten  or  more  townships.     (2721) 

CHAPTER   IV. 

DISTRICT   BONDS   AND  INDEBTEDNESS. 

112.  Bonds,  how  issued— The  trustees  or  board  of  education  of  any 
school  district  in  this  state,  whether  such  district  be  organized  by  or  under 
any  special  law  of  this  state,  or  otherwise,  are  hereby  authorized  and 
fully  empowered  to  issue  the  orders  or  bonds  of  their  respective  districts, 
with  coupons,  in  such  amounts  and  at  such  periods  as  they  may  be  directe<l 


4f)  IJISTRICT    BONDS    AND  INDEBTEDNESS. 

by  a  vote  of  a  majority  in  favor  thereof  of  the  legal  voters  present  and 
voting  at  any  annual  meeting,  or  at  any  special  meeting,  called  for  the 
purpose,  of  the  district;  said  orders  or  bonds  to  be  payable  in  such  amounts 
and  at  such  times,  not  exceeding  fifteen  years,  as  the  legal  voters  thereof 
at  such  meeting  shall  determine,  with  interest  not  to  exceed  seven  per 
cent  per  annum;  which  orders  or  bonds  and  coupons  shall  be  signed  by  the 
directors  and  countersigned  by  the  clerk  of  said  district,  or  by  the  presi- 
dent of  [thel  board  of  education  and  the  clerk  of  the  board  of  education. 
(1968) 

113.  Same;  vote  required — No  bonds  of  a  school  district  shall  be  is- 
sued without  the  approval,  first  obtained,  of  a  majority  of  two  thirds  of  tho 
legal  voters,  present  and  voting,  at  a  special  election  called  for  the  purpose, 
or  at  any  annual  meeting,  in  the  notice  whereof,  the  proposed  issue  shall 
have  been  plainly  submitted  for  approval  or  rejection.     (1854) 

Authority  given  to  issue  bonds  for  a  school  house  Implies  the  power  to  sell 
them.— 17  M.  412   (Gil.  391). 

The  minutes  of  a  meetingr  upon  the  issuance  of  bonds  were  kept  by  the  secre- 
tary, and  the  next  day  he  transcribed  them  into  the  records.  In  such  case  the 
records,  and  not  the  minutes,  are  the  original;  and  such  record  is  the  evidence. — 
17  M.   412   (Gil.   391). 

Notice  of  special  meeting  to  vote  upon  the  issue  of  bonds  should  state  the 
hour  of  opening  and  closing  the  polls. — Young,  April  24,   1908. 

114.  Same;  for  what  purpose — When  the  voters  of  a  school  district 
shall  have  resolved  that  it  is  expedient  to  borrow  money  for  one  or  more 
of  the  purposes  hereinafter  named,  and  a  proposition  so  to  do  shall  have 
been  duly  submitted  to  and  approved  by  the  voters,  the  bonds  of  such 
school  district,  including  special  and  independent  districts,  whether  lying 
within  a  city  or  village,  or  not,  may  be  issued  for  the  purchase  of  sites 
for  school  houses  and  for  defraying  the  expenses  incurred  and  to  be  in- 
curred in  building,  rebuilding,  remodeling,  repairing  and  furnishing  school 
houses,  and  installing  heating  and  ventilating  and  plumbing  plants  in  the 
same,  and  equipping  the  same  with  libraries  apparatus  and  other  school 
furniture.     (18.5.5) 

115.  Loans  from  and  bonds  to  state — Whenever  any  municipality 
(school  district)  is  authorized  by  law  to  issue  its  bonds  and  borrow  money 
thereon,  the  same  may  be  Issued,  negotiated,  sold  and  delivered  to  the 
state  of  Minnesota  by  conforming  hereto.     (1880) 

116.  Same;  proceedings — Whenever  any  municipality  (school  district) 
desires  to  issue  its  bonds  to  the  state  of  Minnesota  for  any  purpose  now, 
or  hereafter,  requiring  a  vote  of  the  electors,  the  governing  body  of  such 
municipality  (school  district)  may  adopt,  by  majority  vote,  a  resolution 
stating  that  it  is  expedient,  in  the  opinion  of  such  governing  body,  to  issue 
to  the  state  of  Minnesota  the  bonds  of  such  municipality  (school  district) 
for  the  purpose  or  purposes  therein  stated,  to  the  amount  therein  men- 
tioned, to  mature,  to  bear  the  rate  of  interest,  and  to  be  of  the  ntimber 
and  amount  therein  set  forth,  or  whenever  a  petition  is  filed  with  the 
clerk,  or  other  like  oflBcer  of  such  municipality  (school  district),  signed 
by  ten  or  more  freeholders,  residents  therein,  stating  that  in  the  opinion 
of  such  persons  signing  the  same  it  is  expedient  to  issue  to  the  state  of 
Minnesota  the  bonds  of  such  municipality  (school  district)  for  the  purpose 
or  purposes  therein  stated  and  to  the  amount  therein  mentioned,  said  clerk 
or  other  like  oflBcer  shall  furnish  and  give  proper  notice  to  said  govern- 
ing body,  which  shall  meet  within  ten  days  after  such  notice,  and  if  the 
proposition  contained  in  said  petition  be  deemed  by  it  expedient  it  shall 
adopt  a  resolution  setting  out  the  same  facts  as  hereinbefore  provided  In 
case  the  initiative  for  such  bond  issue  to  the  state  is  taken  by  said  pov- 
erning  body;  in  either  event  the  clerk  or  other  like  oflTicer  of  such  munic- 
ipality (school  district)  shall  submit  the  proposition  or  propositions  there- 
in contained  to  the  electors  thereof  at  a  special  meeting  to  be  held  there- 


ACTIONS,   JUDGMENTS,   PENALTIES.  47 

in  at  a  date  not  more  than  thirty  days  after  the  adoption  of  such  resolu- 
ion  and  shall  give  notice  thereof  by  posting  in  three  or  more  public  places 
in  said  municipality  (school  district),  and  in  case  of  counties  the  same 
notice  in  each  election  precinct  therein;  and  if  there  be  one  or  more  legal 
newspapers  in  said  municipality  (school  district),  by  publishing  twice  in 
not  less  than  one  such  newspaper  to  be  designated  by  the  said  clerk  or 
other  like  officer,  at  least  ten  days  before  such  election,  the  following  no- 
tice:    (1881) 

Note. — As  to  form  of  notice,  form  of  ballot  to  be  used,  conduct  of  election, 
canvass  and  return  of  vote,  necessary  blank  forms,  issue  of  bonds  and  applica- 
tion to  the  state  for  their  purchase,  see  chapter  122,  Laws  of  1907,  and  consult 
state  auditor. 

Note. — Whenever  a  school  district  is  otherwise  authorized  by  law  to  issue 
bonds,  it  may,  by  complying  with  the  provisions  of  chapter  122,  Laws  of  1907, 
issue  the  same  to  the  state  of  Minnesota,  provided  they  do  not  run  for  less 
than  five  (5)  years  nor  more  than  twenty  (20)  years,  and  that  the  indebtedness 
thereby  created — together  with  all  other  indebtedness  of  such  district — does  not 
exceed  fifteen  (15)  per  cent  of  the  assessed  valuation  of  the  taxable  real  estate 
in  the  district.      (Chapter  8,    1905;   chapter   122,   1907;    Simpson,   August   1,    1911.) 

Where  the  resolution  for  the  issuance  of  bonds  to  the  state  is  in  violation  of 
the  constitution  but  is  amended  by  a  subsequent  resolution  so  as  to  conform  to 
the  constitution,  the  irregularity  in  the  original  resolution  is  not  ground  for  an 
injunction  against  the  issue  of  the  bonds. — 122  M.  60. 

A  petition  for  the  issuance  of  bonds  signed  by  the  number  required  by  the 
statute  is  not  rendered  invalid  by  the  additional  signatures  of  members  of  the 
board  who  were  not  personally  or  financially  interested  in  the  result. — 122  M.  60. 

117.  Investment;  sinking  funds — The  treasurer  of  any  school  district 
in  the  state  is  authorized  to  invest  any  of  the  sinking  funds  in  his  hands 
belonging  to  such  school  district  in  bonds  of  the  state  of  Minnesota,  or 
of  any  other  state,  or  in  bonds  of  any  county,  school  district,  city,  town 
or  village  of  the  state  but  no  investment  shall  be  made  in  bonds  issued 
to  aid  in  the  construction  of  any  railroad;  provided,  however,  that  the  net 
return  of  any  such  investment,  taking  into  account  the  price  paid  for  the 
bonds,  the  date  when  the  same  shall  fall  due  and  the  rate  of  interest 
thereon,  shall  be  at  a  rate  not  less  than  oVz  per  cent  per  annum  for  the 
whole  period  elapsing  before  the  maturiay  thereof;  and  provided  further, 
that  any  such  investment  shall  be  made  only  after  the  same  has  been  duly 
authorized  at  a  general  or  special  meeting  of  the  board  of  directors  or 
trustees  of  such  school  district.     (1867) 

118.  Liability  of  treasurer — For  any  loss  occurring  by  reason  of  the 
depreciation  of  any  securities  purchased  under  the  provisions  of  thi^  act, 
or  by  reason  '^f  the  failure  to  pay  the  same,  oc  any  part  thereof,  on  i  lie 
part  of  the  public  body  or  corporation  issuing  the  same,  the  treasurer 
making  the  investment  and  the  sureties  upon  his  official  bond  as  such  shall 
not  be  liable.     (1868) 

CHAPTER  V. 
ACTIONS,  JUDGMENTS,  PENALTIES. 

119.  Actions  by  districts — Any  school  board  may  prosecute  actions  in 
the  name  of  the  district  in  the  following  cases: 

1.  On  a  contract  made  with  the  district,  or  with  the  board  in  its  official 
capacity; 

2.  To  enforce  a  liability,  or  a  duty  enjoined  by  law,  in  its  favor  or  in 
favor  of  the  district; 

3.  To  recover  a  penalty  or  forefeiture  given  by  law  to  it  or  to  the 
district;  or 

4.  To  recover  damages  for  an  injury  to  the  rights  or  property  of  the 
district.     (2995) 

When  a  trustee  renders  himself  liable  to  a  penalty,  though  the  cause  of  action 
for  the  penalty  is  in  the  district,  the  action  may  be  brought  by  a  director  or  a 
freeholder  in  his  own   name. — 31  M.   227. 


48  ACTIONS,   JlJi:)GM10NTS,    PKNAI/riKS. 

120.  Actions  against  districts  An  action  may  be  brouylil  againsi  any 
school  distiict,  riilier  upon  a  conlraci  made  with  the  district  or  its  board, 
in  its  official  capacitv,  and  wiihin  the  scope  of  its  authority,  or  for  an  in 
jury  to  tire  rights  of  the  i)laintifr  arising  from  some  act  or  omission  of  sucli 
hoard,  whether  the  members  of  the  board  making  the  contract,  or  guilty 
of  the  act  or  omission  complained  of,  be  still  in  office  or  not.     (2996) 

Whole  !i  district  h.ns  ch.'uiKod  it.s  ii;vmo.  an  action  against  it  should  bo  brought 
l.v    its   new   namo.— 7    M.    203    (Gil.    Hr.). 

A  judgment  entered  against  a  school  district  Ity  collusion  between  the  plain- 
tiff and  one  of  the  trustees,  may  be  set  aside,  on  a  proper  application,  and  a  de- 
fense on  the  merits  interposed. — -15  M.  88. 

Where  the  trustees  knowingly  neglected  to  defend  in  an  action  against  the 
district,  allowing  judgment  to  go  by  default,  the  court  may,  in  its  discretion, 
open  such  judgment,  upon  application  made  immediately  after  change  of  trustees. 
—89  M.   477, 

A  complaint  on  an  order  of  a  district  which  failed  to  allege  the  consideration 
for  the  order,  or  that  there  were  funds  applicable  to  its  payment,  held  good  as 
against  objections  raised  for  the  first  time  at  the  trial. — 91  M.  41. 

121.  Action  when  trustees  resign,  etc. — In  case  the  trustees  of  any 
school  district  which  has  contracted  an  indebtedness  shall  remove  or  re- 
sign, and  none  are  elected  or  appointed  in  their  stead,  an  action  to  recover 
such  indebtedness  may  be  begun  by  service  of  the  summons  upon  the 
county  auditor,  and  any  taxpayer  of  the  district  may  defend  such  action  in 
its  behalf,  or  the  auditor  may  be  required  by  the  voters  of  the  district  to 
flr>fend  the  same  upon  being  indemnified  against  the  costs  and  expenses  of 
.such  defense.     (3000) 

JUDGMENTS. 

122.  How  paid  by  treasurer — Except  as  hereinafter  provided,  no  ex- 
ecution shall  issue  upon  any  judgment  against  a  school  district  for  the 
recovery  of  money.  Unless  the  same  be  stayed  by  appeal,  the  treasurer 
«!hall  pay  such  judgment  upon  presentation  of  a  certified  copy  thereof, 
if  be  has  sufficient  money  of  the  district  not  otherwise  appropriated.  If 
he  fails  to  do  so,  he  shall  be  personally  liable  for  the  amount,  unless  the 
cullecricn  be  afterward  stayed.     (2997) 

A  judgment  against  a  district  can  be  paid  only  out  of  money  not  otherwise 
appropriated. — 43  M.  495. 

The  treasurer  of  the  district  can  pay  a  judgment  against  the  trustees  only 
out  of  money  not  otherwise  appropriated.  He  has  no  authoriry  to  pay  it  out  of 
moneys  applicable  only  to  other  specific  purposes. — 43  M.  495. 

123.  Same;  failure  to  pay — Tax  levy— If  such  judgment  is  not  satis- 
filed,  or  stayed  by  appeal  or  otherwise,  before  the  next  annual  meeting 
of  the  district,  a  certified  copy  thereof  may  be  presented  at  its  annual 
meeting,  whereupon  the  district  shall  cause  the  amount  of  the  judgment, 
with  interest  to  be  added  to  the  tax  of  said  district.  If  such  tax  is  not 
levied  and  certified  to  the  county  auditor  on  or  before  October  1  next 
after  presentation  as  aforesaid,  a  certified  copy  thereof  may  be  filed  with 
such  auditor  at  any  time  before  he  has  extended  the  tax  of  such  district, 
with  an  affidavit  showing  the  amount  remaining  unpaid  thereon,  and  the 
fact  of  such  presentation  to  the  district.  Thereupon  the  auditor  shall  at 
once  levy  and  extend  such  amount  as  a  tax  upon  the  property  taxable  with 
in  the  district.     (2998) 

124.  Same;  when  execution  may  issue — If  the  judgment  is  not  paid 
within  thirty  days  after  the  time  when  the  proceeds  of  such  levy  become 
payable  by  the  county  treasurer  of  the  district,  execution  may  be  issued 
thereon,  to  which  anv  propertv  belonging  to  the  district  shall  be  -liable. 
(2999) 

125.  Same;  how  satisfied — If  judgment  is  recovered  in  any  such  action, 
the  auditor,  upon  a  certified  copy  thereof  being  filed  with  him,  shall  levy 
and  extend  upon  and  against  the  property  taxable  within  the  district  an 
amount  sufficient  to  pay  the  same,  with  interest.     When  such  tax,  or  any 


ACTIONS,    .UroOMENTS,    TENAT.Tl  lOS.  40 

part  thereof,  is  collected,  the  county  treasurer  shall  pay  the  same  to  Ihe 
holder  of  the  judgment  until  it  is  satisfied  in  full.  And  lor  this  purpose 
the  treasurer  may  use  any  money  coming  into  his  hands  from  taxes  leViod 
prior  to  the  judgment  for  tlip  payment  of  the  same  indebtpdness.     (3001) 

PENALTIES. 

12t3.  Excluding  or  expelling  pupils  -Any  nn'iubcr  ot  au\  public  school 
board  or  board  of  education  of  any  district,  who  Avithoul  suHicient  cause, 
or  on  account  of  race,  color,  nationality  or  social  position  shall  vote  for, 
or  being  present,  shall  fail  to  vote  against,  the  exclusion,  expulsion,  or  sus- 
pension from  school  privileges  of  any  person  entitled  to  admission  to  the 
schools  of  such  district,  shall  forfeit  to  the  party  aggrieved  fifty  dollars 
for  each  affense,  to  be  recovered  in  a  civil  action.     (2y00) 

A  school  board  has  no  authority  lo  exclude  a  child  of  school  age  from  school 
during  any  portion  of  the  school  year,  and  such  child  is  entitled  to  admission 
whenever  the  minimum  age  is  reached,  whether  the  same  be  at  the  beginning  or 
during  any  part  of  the  ensuing  term  or  year. — Simpson,   March  4,   1909. 

The  fact  that  parents  pay  no  taxes  in  no  way  affects  the  right  of  their  chil- 
dren to  attend  school,  nor  is  such  right  affected  by  the  manner  of  living  of  such 
parents,  and  while  it  is  not  incumbent  upon  local  school  districts  to  educate  chil- 
ureu  ol  Inuian  parents  who  are  wtaus  oi  the  go\  eminent,  and  have  not  severed 
their  tribal  relations,  yet  an  Indian  who  has  become  a  citizen  of  the  state,  and  is 
a  voter,  occupies  a  different  position,  and  the  children  of  sucli  person  would  be 
entitled    to   attend   school. — Simpson,    September    8,    1909. 

127.  Same;  failure  to  pay  teachers'  wages — Any  treasurer  who  uses 
money  applicable  for  teachers'  wages  for  any  other  purpose  shall  be  per- 
sonally liable  to  any  teacher  who  becomes  entitled  to  any  part  of  such 
fund  for  such  amount  to  be  recovered  in  a  civil  action  against  such  treas- 
urer and  the  sureties  on  his  official  bond.     (2762) 

128.  Same;  improper  classification  of  pupils — No  district  shall  classify 
its  pupils  with  reference  to  race,  color,  social  position,  or  nationality,  nor 
.separate  its  pupils  into  different  school  or  departments  upon  any  of  such 
grounds.  Any  district  so  classifying  or  separating  any  of  its  pupils,  or 
denying  school  privileges  to  any  of  its  pupils  upon  any  such  ground,  shall 
forfeit  its  share  in  all  apportioned  school  funds  for  any  apportionment 
period  in  which  such  classification,  separation,  or  exclusion  shall  occur  or. 
continue.  The  state  superintendent,  upon  notice  to  the  offending  district, 
and  upon  proof  of  the  violation  of  the  provisions  of  this  section,  shall  with- 
hold in  the  semi-annual  apportionment  the  share  of  such  district,  and  the 
county  auditor  shall  thereupon  exclude  such  district  from  his  apportion- 
ment for  such  period.     (2901) 

129.  Same;  refusing  to  serve  on  school  board — Any  person  accepting 
an  election  or  appointment  upon  any  school  board,  and  refusing  or  neglect- 
ing to  qualify  or  to  serve,  or  to  perform  any  of  the  duties  of  such  ofllce, 
shall  forfeit  for  each  offense  the  sum  of  ten  dollars,  to  be  collected  in 
an  action  before  a  justice  of  the  peace,  to  be  prosecuted  in  the  name  of 
the  district  by  its  director  or  other  proper  officer,  or  by  any  freeholder 
thereof.     (2902) 

Where,  at  a  regular  school  district  meeting,  it  is  voted  to  have  a  school  kept 
for  a  specified  time  and  sufficient  funds  are  provided,  the  trustees  render  them- 
selves liable  to  the  penalty  imposed  by  this  section,  as  amended  by  Laws  1879, 
chapter  41,  by  neglecting,  without  excuse,  to  provide  the  school  the  specified 
time.— Soule  vs.    Thelander,    31   Minn.    227,    17    N.    W.    Rep.    373. 

130.  Same;  failure  of  clerk  to  report — Any  clerk  of  a  school  district 
who  fails  to  make  any  report  required  of  him  by  law  shall  forfeit  not  less 
than  five  dollars  nor  more  than  fifty  dollars  for  the  use  of  the  district.    (2903) 

Any  clerk  of  a  school  district  who  fails  to  make  any  report  required  by  law 
shall  forfeit  not  less  than  $5.00  nor  moro  than  $.50.00  for  the  use-  of  the  di.strict. 
(Smith,  February  1,  1913.) 


50  ACTIONS.   .lUDGMENTS,    PENALTIES. 

i:51.  Same;  drawing  illegal  order — Any  school  district  clerk  who  shall 
illegally  draw  an  order  upon  the  treasurer,  any  chairman  or  other  officer 
who  shall  attest  such  order,  and  any  school  district  treasurer  who  shall 
knowingly  pay  the  same,  shall  each  forfeit  to  the  district  twice  the  amount 
of  such  order  to  be  collected  in  an  action  brought  In  the  name  ot  the 
district  by  any  freeholder  thereof.     (2904) 

The  Issuance  of  an  order  by  a  school  clerk  for  the  payment  of  the  wapes  of  a 
teacher  known  tio  him  not  to  have  been  licensed  to  teach,  subjects  him  to  a 
penally.— 31   M.  333. 

Under  this  section  the  issuance  of  an  order  by  a  school  district  clerk,  drawn 
by  him  upon  tlie  treasurer  for  the  payment  of  the  wages  of  a  teacher  known  to 
him  not  to  have  been  licensed  to  teach,  and  paid  out  of  the  funds  appropriated 
for  teachers'  wages,  is  an  unkiwful  diversion  of  public  school  funds  from  their 
legitimate  channel,  and  subjects  him  to  the  penalty  prescribed. — School  District 
No.   10  V.?.    Thelandcr,   31    Minn.   333,    17   N.   W .   Kep.   SCG. 

132.  Same;  neglecting  to  keep  or  deliver  records— Any  school  district 
clerk  who  shall  neglect  to  keep  the  books  and  records  of  his  office  in  the 
manner  prescribed  by  law,  or  shall  wilfully  refuse  to  deliver  such  books 
and  records  to  his  successor  in  office,  shall  forfeit  to  the  use  of  the  dis- 
trict the  sum  of  ten  dollars  for  each  offense.     (2905) 

133.  Same;  dealing  in  school  supplies — No  teacher,  nor  any  state, 
county,  town,  city,  or  district  school  officer,  shall  be  interested  directly 
or  indirectly  in  the  sale,  proceeds,  or  profits  of  any  book,  apparatus,  or 
furniture  used  or  to  be  used  in  any  school  with  which  he  is  connected. 
Any  person  violating  any  of  the  provisions  of  this  section  shall  forfeit 
not  less  than  fifty  dollars  nor  more  than  two  hundred  dollars  for  each 
such  offense.  But  this  section  shall  not  apply  to  a  teacher  who  may  have 
an  interest  in  the  sale  of  any  book  of  which  he  iiimself  is  the  author.     (2908) 

It  is  not  within  the  reason  of  the  statute  to  prohibit  a  person  who  chances 
to  be  an  officer  or  teacher  in  a  given  county  or  school  district  from  engaging  in 
the  sale  of  such  books  or  apparatus  elsewhere  than  in  his  county  or  district.  In- 
deed, it  is  obvious  that  the  prohibition  in  terms  does  not  reach  sales  made  else- 
where.—Childs,  April  27,  1896. 

134.  Same;  failure  of  auditor  to  report — Any  county  auditor  who  shall 
fail  to  make  to  the  state  superintendent  of  public  instruction  any  report 
of  apportionment  required  by  law  shall  forfeit  for  the  benefit  of  the  school 
fund  of  the  county  the  sum  of  fifty  dollars.     (2906) 

135.  Same;  failure  of  county  superintendent  to  report — Any  county 
superintendent  who  shall  fail  to  report  to  the  county  auditor  the  abstract 
of  district  clerks'  and  teachers'  reports  required  by  law,  or  to  make  his 
statistical  report  to  the  state  superintendent,  shall  forfeit  to  the  school 
fund  of  the  county  for  each  such  omission,  fifty  dollars,  to  be  deducted  from 
his  salary  by  the  county  board.     (2907) 

136.  Same;  failure  of  officers  to  report  violations  of  law — Every  officer 
to  whom  reports  are  required  by  this  chapter  [compulsory  education  law] 
to  be  made,  and  for  the  failure  to  make  which  a  penalty  of  fine  or  for- 
feiture is  provided,  shall  give  immediate  written  notice  of  such  failure  to 
the  delinquent  and  to  the  proper  county  attorney.  Such  county  attorney 
shall  thereupon  institute  proper  proceedings  to  collect  such  penalty,  fine, 
or  forfeiture.  Upon  complaint  of  the  county  superintendent,  or  whenever 
it  comes  to  his  knowledge  that  any  school  officer  has  violated  any  pro- 
vision of  this  chapter,  for  which  violation  a  penalty,  fine,  or  forfeiture  la 
provided,  such  attorney  shall  institute  like  proceedings.     (2911) 

School  officers  against  whom  charges  have  been  made  of  illegal  acts,  can 
hold  respective  offices  until  removed  by  competent  authority. — Simpson,  March 
18,   1909. 

Where,  at  the  annual  school  meeting,  it  was  determined  that  there  should  be 
six  months'  school,  a  three  months'  term  beginning  the  first  Monday  in  October, 
and  another  three  months'  term  beginning  the  first  Monday  in  February,  but  a 
majority  of  the  school  Ijoard,  disregarding  the  action  of  the  annual  meeting,  de- 


THE   PUBLIC   SCHOOLS.  51 

cided  to  commence  the  second  term  on  the  second  Monday  in  January,  instead 
of  February,  the  two  members  of  the  board  voting  for  and  causing  such  change 
would  not  be  sub.lect  tj  a  fine  covering  flie  extra  cost,  if  any,  of  the  January 
school  expenses. — Simpson,   Marcla   19,    1000. 

137.  Same;  use  of  tobacco  by  minors  and  pupils — Every  person  under 
the  age  of  eighteen  years,  and  every  minor  pupil  in  any  school,  college,  or 
university,  who  shall  smoke  or  use  cigarettes,  cigars  or  tobacco  in  any 
form  on  any  public  road,  street,  alley,  park  or  other  lands  used  for  public 
purposes,  or  in  any  public  place  of  business,  shall  be  guilty  of  a  misde- 
meanor, and  punished  for  each  offense  by  a  fine  of  not  more  than  ten 
dollars,  or  by  improsonment  in  the  county  jail  for  not  more  than  five  days; 
and  every  person  who  shall  furnish  any  cigarettes,  cigars  or  tobacco  in 
any  form  to  any  such  minor  person  or  who  shall  permit  any  such  minor 
person  to  frequent  any  premises  owned  held,  or  managed  by  him,  for  the 
purposes  of  indulging  in  the  use  of  cigarettes,  cigars,  or  tobacco  in  any 
form,  shall  be  guilty  of  a  misdemeanor,  and  punished  by  a  fine  of  not 
more  than  fifty  dollars,  or  by  imprisonment  in  the  county  jail  not  ex- 
ceeding thirty  days,  for  each  offense.     (8674) 

138. — Same;  injury  to  house  of  worship,  school  buildings  and  school 
property — Every  person  who  shall  wilfully  and  without  authority,  break, 
deface,  or  otherwise  injure  any  house  of  religious  worship,  or  any  part 
thereof,  or  any  appurtenances  thereto,  any  ornament,  musical  instrument, 
articles  of  silver  or  plated  ware,  or  other  chattels  kept  therein,  for  use 
in  connection  with  religious  worship,  or  who  shall  wilfully  break,  deface, 
or  otherwise  injure  any  school  hotise  or  appurtenances,  or  other  public 
building,  or  who  shall  wilfully  break,  deface,  or  injure  any  globe,  map 
or  chart,  or  any  other  article  kept  and  used  in  connection  with  such  school 
house  or  other  public  building,  shall  be  guilty  of  a  gross  misdemeanor,  and 
punished  as  follows : 

1.  If  the  value  of  the  property  broken,  defaced,  or  injured  is  thereby 
diminished  by  an  amount  less  than  one  hundred  dollars,  by  imprisonment 
for  not  more  than  ninety  days,  or  by  a  fine  of  not  more  than  one  hundred 
dollars,  or  by  both. 

2.  If  the  value  of  such  property  shall  be  diminished  more  than  one 
hundred  dollars,  by  improsonment  for  not  less  than  six  months  nor  more  than 
two  years. 

In  addition  to  the  punishment  herein  prescribed,  he  shall  be  liable  in 
treble  damages  for  the  inj"ury  done,  to  be  recovered  in  a  civil  action  by 
the  owner  of  the  property,  or  bv  the  public  officer  having  charge  thereof. 
(8942) 

139.  Same;    introducing   or   having    liquors   on   school    house   grounds — 

Any  person  who  shall  introduce  upon,  or  have  in  his  possession  upon,  or 
in,  any  school  ground,  or  any  school  house  of  school  building  any  spirittious 
or  malt  liquors,  except  for  experiments  in  laboratories,  shall  be  guilty  of 
a  misdemeanor,  the  minimum  punishment  whereof  shall  be  a  fine  of  twenty- 
five  dollars  ($25)  or  improsonment  for  ten  (10)  davs,  in  the  countv  jail 
(8679) 

140.  Same;  use  of  common  drinking  cup  in  public  places — In  order  to 
prevent  the  spread  of  communicable  diseases,  the  use  of  common  drinking 
cups  in  public  places,  public  conveyances  and  public  buildings  is  hereby  pro- 
hibited.    (8790) 

Violation  a  misdemeanor — Whoever  violates  the  provisions  of  this  act 
shall  be  deemed  guilty  of  a  misdemeanor  and  be  liable  to  a  fine  not  ex- 
ceeding twenty-five  dollars  ($25)  for  each  offense.     (8790) 

CHAPTER   VI. 
THE  PTTBLIC  SCHOOLS. 

141.  Public  schools — Tuition  free — All  schools  supported  in  whole  or 
in  pan  by  state  school  funds  shall  be  styled  public  schools  and  admission 


;,J  TlIK    PUBLIC   SCHOOLS. 

to  iind  tuition  therein  shall  be  free  to  all  persons  between  the  ages  of  five 
and  twenty-one  years,  in  the  district  in  which  such  pupil  resides.  Provided, 
that  the  school  board  of  any  district  may,  by  resolution,  exclude  all  children 
und3r  siy  year.'  of  age.     (2670) 

A  school  board  has  no  iiulhority  to  exclude  a  child  of  school  age  from  school 
during  any  portion  of  the  school  year;  and  such  child  is  entitled  to  admission 
whenever  the  minimum  age  is  reached,  whether  the  same  be  at  the  beginning 
or  during  any  part  of  a  school  term  or  year;  construing  sections  1279  and  1402, 
R.   L.— Young,   March.    lt'07. 

A  school  boanl  has  no  ))0wer  to  exclude  a  pupil  who  uses  tobacco  from  the 
public  school.  Tlie  use  of  toliacco  by  students  is  not  wholly  prohibited  by  the 
statutes. — Young,   page  206. 

Those  entitled  to  admission  to  the  public  schools  are  (1)  the  children  of  the 
actual  residents  in  the  district;  and  (2)  all  other  persons  between  the  ages  of 
five  and  twentv-one  who  may  be  in  good  faith  living  in  the  district.  If  the 
parents  are  in  good  faith  living  in  the  district,  although  temporarily,  the  children 
would  be  entitled  to  admission  to  the  school. — Wilson,  page  306.  (See,  also,  para- 
graph 31.   18!)7,   chapter  2.'')2.) 

Whether  a  minor  whose  parents  reside  in  another  part  of  the  state  has  a  right 
to  attend  school  in  your  district  depends  upon  whether  said  minor  is  a  resident 
of   your   district. — Colville,    page   235. 

Residence  acquired  by  students  in  ai tendance  upon  any  seminary  of  learning, 
or  by  inmates  of  any  charitable  institution,  or  of  a  public  prison  for  reformation 
or  punishment,  is  rot  of  such  character  as  to  give  the  right  to  attend  the  dis- 
trict school  of  the  place  or  to  be  enrolled  for  apportionment  in  such  district. — 
(^ornell,   page  257. 

While  a  parent  could  not,  for  the  colorable  purpose  of  evading  the  law,  send 
his  children  to  board  in  another  district  for  the  mere  oVj.iect  of  attending  school, 
I  entertain  no  doubt  that  a  scholar  actually  and  in  good  faith  domiciled  in  the 
district  would  be  entitled  to  the  benefits  of  the  school  without  regard  to  the  resi- 
dence of  his  parents. — Cole,   page  106. 

The  right  to  free  tuition  depends  upon  the  residence  of  the  pupil  claiming 
it  without  regard  to  the  residence  of  his  parents.  If  a  child  comes  into  a  district 
for  the  mere  purpose  of  attending  school,  the  board,  in  its  discretion,  may  charge 
tuition,  or  exclude  him  altogether.  On  the  other  hand,  a  child  who  actually  re- 
sides in  a  district   is  entitled   to   school  privileges  without   charge. 

"What  are  the  relative  powers  and  duties  of  trustees  and  teachers  in  refer- 
ence  to   the  discipline  and    management   of   schools?" 

For  insubordination,  immorality,  or  infectious  disease,  the  board  may  expel 
any  scholar.  It  is  made  the  duty  of  each  member  of  the  board  at  least  once  in 
each  term  to  visit  the  schools  and  give  such  advice  to  the  teacher  as  may  be 
for  the  benelit  of  the  schools,  and  they  are  intrusted  with  the  general  charge  of 
the  interests  of  the  schools  and  school  houses  in  their  districts,  and  are  especially 
authorized  to  emplov  teachers  having  the  requisite  certificate  of  qualification. 
These  are  the  principal  provisions  bearing  upon  the  question  under  consideration, 
and  they  seem  to  leave  no  doubt  that  with  the  single  exception  of  the  power  of 
expulsion  for  the  causes  specified  in  the  statute,  the  authority  of  the  trustees 
over  the  interior  management  of  the  schools  is  solely  advisory  in  its  character. 
The  responsibility  for  the  correct  government  and  discipline  of  the  school,  as  well 
as  the  adoption  "of  such  methods  of  teaching  as  seem  best  calculated  to  promote 
the  advancemnt  of  the  scholars  in  their  several  branches  of  study,  rests  solely 
with  the  teacher.  Of  course  there  ought  and  always  will  be  a  mutual  inter- 
change of  views,  and  a  cordial  co-operation  between  teachers  and  trustees  in  all 
the.'se  matters,  whenever  a  regard  is  had  to  the  important  interest  intrusted  to 
their  charge. — Cornell,  p.  265. 

There  is  no  doubt  of  the  right  of  the  parent  to  send  his  children  into  any 
district  he  may  select  so  long  as  he  is  willing  to  assume  the  extra  burden  there- 
bv   imposed   upon   him. — Clapp,    May    3,    1888.  ^     ^     ^, 

Corporal  Punishment.— To  use  *  *  *  force  or  violence  upon  »  •  ♦  the 
person  of  another  is  net  unlawful  *  *  *  when  committed  by  a  *  *  *  teach- 
er, in  the  exercise  of  a  lawful  authority  to  restrain  or  correct  his  •  •  • 
scholar,  and  the  force  or  violence  used  is  reasonable  in  manner  and  moderate  in 
degree. 

The  mere  designation  of  tuition .  charge  as  "book  rent"  when  in  fact  it  is  a 
tuition  charge,  will  not  in  any  way  affect  the  law  or  warrant  the  drawing  of 
apportionment    for   pupils   paving  such    "book    rent."— Simpson.    March    S.    lOOq. 

The  maintenance  of  public  schools  is  a  matter,  not  of  local,  but  of  state  con- 
cern: and  under  the  constitution  it  is  mandatory  upon  the  legislature  to  exercise 
its  power  of  providing  for  the  establishment  and  maintenance  of  such  schools  by 
taxation  and  otherwise.— 122  M.   254. 

112.  Classes  of  schools — District  schools  are  divided  into  four  classes, 
as  follows:  (1)  High  schools;  (2)  graded  schools;  (3)  semi-graded  schools; 
and   (4)  cnnmion  schools.     (2798) 

143.     High  schools — The  following  are  the  requisites  of  a  high  school: 

1.  It  shall  be  in  session  not  less  than  nine  months  in  the  year. 

2.  It  shall  admit,  free  of  tuition  charge,  students  of  either  sex  resident 


THE   PUBLIC   SCHOOLS.  r);{ 

in  the  state,  but  those  only  who  shall  pass  a  proper  examination  in  arith- 
metic, spelling,  English  grammar,  reading,  writing,  geography,  and  United 
States  history. 

3.  It  shall  have  regular  and  orderly  courses  of  study,  embracing  all  the 
branches  prescribed  by  the  state  high  school  board,  and  requisite  for  admis- 
sion to  the  collegiate  department  of  the  state  university,  and  an  optional 
English  or  bu,'-:iness  course  in  addition  thereto  or  in  lieu  thereof. 

4.  It  shall  be  subject  to  such  rules  and  regulations,  consistent  with 
the  provisions  of  law,  as  may  be  prescribed  by  the  state  high  school  board, 
and  shall  be  open  to  visitation  at  all  times  by  any  members  of  such  board, 
and  by  any  inspector  thereof.     (2799) 

144.  Graded  schools — Graded  schools  include  all  schools  below  high 
schools  which — 

1.  Are  is  session  at  least  nine  months  in  the  year; 

2.  Are  well  organized,  having  at  least  four  departments  in  charge  of 
a  principal  holding  a  state  professional  certificate,  or  a  graduate  from  the 
advanced  course  of  a  state  normal  school  or  of  a  reputable  college  or 
university; 

3.  Having  a  suitable  school  house  and  other  necessary  buildings,  a 
substantial  library,  and  necessary  apparatus  for  efficient  work;  and 

4.  Have  regular  and  orderly  courses  of  study,  embracing  all  sucri 
branches  as  may  be  prescribed  by  the  high  school  board.     (2800) 

145.  Semi-graded  schools — Common  schools — A  semi-graded  school  is 
one  not  complying  with  the  foregoing  provisions,  but  which — 

1.  Maintains  a  school  for  at  least  eight  months  in  a  year: 

2.  Is  well  organized,  with  at  least  two  departments  in  the  charge  of 
proficient  teachers,  one  at  least  of  whom  holds  not  less  than  a  first-grade 
certificate ; 

3.  Has  a  suitable  school  building,  outhouses,  or  other  necessary  ac- 
commodations, and  a  library  and  apparatus  necessary  for  doing  efficient 
work;  and 

4.  xias  a  regular  and  orderly  course  of  study,  and  shall  comply  with 
the  rules  established  by  the  state  superintendent. 

All  other  district  schools  are  common  schools.     (2801) 

146.  General  control  of  schools — The  teacher  shall  have  the  general 
control  and  government  of  the  school.  When  more  than  one  teacher  is 
employed  in  any  district,  one  of  the  teachers  may  be  designated  by  rhe 
board  as  principal  and  shall  have  the  general  control  and  supervision  of 
the  schools  of  the  district,  subject  to  the  general  supervisory  control  of  the 
board  and  other  officers.     (2795) 

147.  Length  of  school — The  schools  shall  be  maintained  not  less  than 
five  nor  more  than  ten  months,  but  this  provision  shall  not  apply  to  night 
schools  or  kindergartens.  The  school  month  shall  consist  of  four  weeks. 
Every  Saturday  shall  be  a  school  holiday,  and  all  legal  holidays  shall  be 
counted  as  a  part  of  the  school  week.     (2796) 

148.  Holidays — The  word  "holiday"  shall  include  New  Year's  Day. 
January  1;  Lincoln's  Birthday,  February  12;  Washington's  Birthday,  Feb- 
ruary 22;  Memorial  Day,  May  30;  Independence  Day,  July  4;  Labor  Day, 
first  Monday  in  September;  election  day,  the  first  Tuesday  after  the  first 
Monday  in  November  of  the  even  numbered  years;  Christmas  Day,  Decem- 
ber 25;  and  the  Friday  next  preceding  Easter  Sunday  and  commonly 
known  as  Good  Friday.  No  ptiblic  business  shall  be  transacted  on  those 
davs  except  in  cases  of  necessity,  nor  shall  any  civil  process  be  served 
thereon.     (9412-6) 

Legal  bolidays  are  school  holidays  also.— Young,  February,  1907. 

149.  Instruction  in  public  schools — The  books  used  and  the  instruc- 
tion given  in  public  schools  shall  be  in  the  English  language,  but  any  other 


54  THE   PUBLIC   SCHOOLS. 

language  may  be  used  by  teachers  in  explaining  to  pupils  who  understand 
such  language  the  meaning  of  English  words;  and  in  high  and  graded 
schools  other  languages  may  be  taught,  when  made  part  of  a  regular  or 
optional  course  of  study.  Instruction  may  also  be  given  in  such  languages 
in  common  schools,  not  to  exceed  one  hour  in  each  day,  by  unanimous 
vote  of  the  trustees.     (2797) 

If  unanimously  autliorizcd  by  the  board,  but  under  no  other  circumstances,  a 
foreign  lanpuape  "may  be  taupht  for  not  more  than  one  hour  in  any  school  day 
as  a  part  of  the  instruction  in  a  public  school.  If  a  teacher  violates  this  law, 
she  violates  her  contract  and  is  not  entitled  to  compensation  out  of  the  treasury; 
and  may  be  compelled  by  legal  proceedings  to  obey  the  law. — Young,  page  184. 

"Are  trustees  required  by  law  to  cause  schools  to  be  taught  in  the  English 
language?"  The  school  laws  prescribe  those  (^ranches  of  study  which  are  to  be 
taught  in  our  common  schools.  The  languages  are  not  included.  That  those 
branches  are  to  be  taught  in  the  English  language  it  requires  no  argument  to 
prove.  The  government  has  yet  to  exist  which  will  expend  the  contents  of  its 
treasury  to  the  neglect  of  its  own  language  in  educating  its  citizens  in  the 
language  of  a  foreign  country  whose  institutions  and  laws  are  at  variance  with 
its  own. — Cole,  page  76. 

Proviso  First. — A  school  in  which  the  instruction  is  given  In  foreign  languages 
cnnnot  be  regarded  as  in  any  sen.se  a  public  school;  no  taxes  can  be  legally  levied 
for  the  support  of  such  a  school  and  it  is  the  duty  of  the  county  superintend- 
ent to  see  to  it  that  such  a  school  receive  no  part  of  the  apportionment  of  the 
public  money. 

150.  Instruction  in  morals,  etc. — The  teachers  in  all  public  schools 
shall  give  instruction  in  morals,  in  physiology  and  hygiene,  and  in  the  ef- 
fects of  narcotics  and  stimulants.     (2835) 

You  inquire  whether  it  is  lawful  to  open  a  public  school  with  a  recital  of  the 
Lord's  prayer.  The  question  involves  a  construction  of  section  16  of  article  I 
of  the  constitution,  wherein  it  is,  amongst  other  things,  provided:  "Nor  shall 
any  man  be  compelled  to  attend,  erect,  or  support  any  place  of  worship."  *  •  • 
No  distinction  can,  in  principle,  be  drawn,  between  the  opening  of  school  with 
prayer,  or  the  reading  of  the  Scriptures,  so  far  as  the  question  pertains  to  the 
violation  of  the  provision  above  named.  *  *  *  In  view  of  the  decision  by  the 
supreme  court,  you  are  advised  that  the  practice,  however,  frequently  tolerated 
or  indulged  in,   is  violative  of  the  constitution. — Childs,   December  10,   1895. 

In  the  case  of  Rasnick  vs.  District  No.  60,  Stearns  County,  April  24,  1897,  In 
the  district  court,  it  was  held  that  a  public  school  house  cannot  be  used,  either 
in  or  out  of  .school  hours,  for  the  purpose  of  giving  any  religious  instruction,  or 
the  conducting  of  any  religious  exercises  therein,  which  are  peculfar  to  the  dis- 
tirctive  teachings,  practices,  doctrines,  creed,  tenets,  or  beliefs  of  any  religious 
faith,  church,  or  denomination,  particularly  from  using  or  allowing  the  school 
house  to  be  used  for  the  same,  of  any  of  the  prayers  or  the  teachings  of  the 
cathechism,  or  the  conducting  of  any  of  the  religious  exercises  mentioned  herein. 

151.  Instruction  in  schools;  industrial  subjects — "Industrial  Subjects" 
as  that  term  is  used  in  this  act,  shall  include  courses  in  agriculture,  home 
training  (including  cooking  and  sewing),  manual  training,  and  commercial 
training. 

The  term  "central  school"  as  used  in  this  act,  shall  mean  the  school  or 
schools  of  a  district  in  which  industrial  courses  are  given.  (Sec.  1,  c.  239, 
Laws  1915.) 

152.  Same;  qualification  for  industrial  training — Any  high  school,  graded 
school,  or  consolidated  rural  school  which  has  satisfactorily  met  the  re- 
quirements in  regard  to  rooms  and  equipment  and  has  shown  itself  fitted  by 
location  and  otherwise  to  give  training  in  any  one  or  more  of  the  industrial 
subjects,  may  be  designated  by  the  state  board  of  education  to  maintain  such 
industrial  courses,  and  to  receive  state  aid  therefor. 

Any  school  now  operating  and  receiving  state  aid  under  the  provision.^ 
of  chapter  247,  General  Laws  of  1909,  and  the  acts  amendatory  thereof,  shall 
continue  to  be  aided  under  the  provisions  of  this  act  for  its  industrial  de- 
partments, provided  such  school  maintains  the  standards  made  for  receiving 
aid  on  such  account. 

Any  such  school  which  has  secured  a  tract  of  land  for  experimental  and 
demonstration  purposes  may  continue  to  own  and  operate  such  tract  in  con- 
nection with  the  industrial  school  courses.     (Sec.  2,  c.  239,  Laws  1915.) 


THE   PUBLIC   SCHOOLS.  55 

The  power  of  the  legislature  to  impose  a  system  of  school  education  upon 
local  communities  is  not  limited  to  the  common  branches.  If  it  sees  lit,  the  legis- 
lature may  require  public  education  of  boys  in  agriculture  and  of  girls  in  house- 
keeping.—122  M.  255. 

153.  Same;  qualifications  of  teachers  of  industrial  subjects — Each  sucii 
school  shall  employ  trained  instructors  for  the  several  courses,  having  such 
qualifications  as  may  be  fixed  by  the  state  board  of  education.  (Sec.  3,  c. 
239.  Laws  1915.) 

154.  Same;  school  gardens  for  demonstration — A  school  maintaining  a 
course  in  agriculture  may  procure  a  tract  of  land  suitable  for  school  garden 
and  for  purposes  of  demonstration  located  within  the  school  district,  or 
if  outsi.ie  of  the  school  district  not  to  exceed  three  miles  from  the  central 
building. 

The  board  may  require  a  school  having  a  course  in  agriculture  to  pro- 
cure a  tract  of  land  for  the  purposes  stated.     (Sec.  4,  c.  239,  Laws  1915.) 

155.  Same;  practical  character  of  industrial  instruction — The  instruc- 
tion in  agriculture,  as  well  as  in  the  other  industrial  courses,  shall  be  of  a 
practical  character  and  shall  include  such  questions  and  the  study  of  such 
subjects  or  courses  as  have  a  direct  relation  to  the  business  of  farming, 
home  making,  and  the  other  subjects  included  under  the  head  of  industrial 
studies. 

When  necessary  to  accommodate  a  reasonable  number  of  boys  and  girls 
to  attend  only  in  the  winter  months,  special  classes  shall  be  formed  for 
them.     (Sec.  5,  c.  239,  Laws  1915.) 

156.  Same;  association  of  districts  for  industrial  training — For  the  pur- 
pose of  providing  training  and  instruction  in  agriculture  and  such  other  in- 
dustrial subjects  as  can  properly  be  taught  to  pupils  in  rural  schools,  and  to 
extend  the  influence  and  supervision  of  the  central  school  to  rural  schools, 
one  or  more  school  districts  may  become  associated  with  a  high,  graded, 
or  consolidated  rural  school  in  which  industrial  courses  are  maintained. 

Such  association  may  be  effected  with  a  central  school  even  though  such 
central  school  has  not  been  designated  to  receive  annual  state  aid  on  ac- 
count of  maintaining  industrial  courses.     (Sec.  6,  c.  239,  Laws  1915.) 

157.  Same;  association  of  districts,  how  effected — Association  shall  be 
effected,  upon  action  taken  at  any  annual  or  special  meeting  of  the  rural 
school  district  seeking  such  association,  under  such  rules  as  the  state  board 
of  education  may  establish. 

The  association  shall  be  considered  as  effected  only  after  the  approval 
by  the  school  board  of  the  central  district  and  by  the  state  board  of  educa- 
tion.    (Sec.  7,  c.  239,  Laws  1915.) 

158.  Same;  courses  of  study  for  industrial  training — The  superintendent 
or  principal  of  the  central  school  shall  exercise  the  same  authority  and  super- 
vision over  the  associated  rural  schools  as  over  the  central  school.  He  shall 
prepare  for  the  associated  rural  schools  suitable  courses  of  study  in  agri- 
culture and  in  such  other  industrial  courses  as  may  properly  be  taught 
in  the  associated  rural  schools.     (Sec.  8,  c.  239,  Laws  1915.) 

159.  Same;  admission  of  pupils  to  central  school — Any  pupil  from  an 
associated  rural  school  shall  be  admitted  to  any  grade  or  department  in  the 
central  school  upon  the  same  conditions  as  pupils  resident  in  the  district 
of  the  central  school.     (Sec.  9,  c.  239,  Laws  1915.) 

160.  Same;  termination  of  association  of  districts — The  relationship  be- 
tween any  associated  school  district  and  the  central  school  shall  be  per- 
manent except  as  it  may  be  terminated  by  a  majority  vote  of  the  voters 
of  the  associated  district.     (Sec.  10,  c.  239,  Laws  1915.) 

161.  Same;  board  of  associated  districts — The  members  of  the  variou.-i 
school  boards  of  the  associated  rural  districts  and  the  members  of  the  school 


;,li  THE    PUBLiC   SCHOOI-S. 

Iiuard  ul   (lit-  central  distiicl  .shall  constitule  a  board   lo  be  known  as  "The 

Associated    School    Board    of of  ."      (Sec.   11,    c    289, 

r.aws  1915.) 

162.  Same;  duties  of  board  in  associated  districts--The  duties  of  the 
associated  board  shall  be: 

(a)  To  hold  such  meetings  at  the  central  school  at  such  times  as  the 
associated  board  may  determine. 

(b)  To  act  on  questions  affecting  the  relation  (»f  the  associated  rural 
schools  and  the  central  school. 

(c)  To  submit  to  a  vote  of  the  various  associated  rural  districts  the 
questions  of  levying  a  tax  in  the  associated  rural  districts  to  assist  in  the 
erection  of  an  agricultural  and  industrial  building  in  connection  with  the 
central  school,  and  the  levy  and  collection  of  a  tax  for  this  purpose. 

The  associated  school  board  may  also  submit  to  the  several  associated 
rural  districts  the  question  of  levying  a  tax  in  such  district  to  assist  the 
central  districts  in  the  maintenance  of  the  industrial  courses,  such  tax  in 
no  case  to  exceed  two  (2)  mills  in  any  year. 

Before  any  tax,  either  for  building  or  for  maintenance,  shall  be  levied, 
it  must  be  voted  for  and  approved  by  each  of  the  rural  districts  so  associat- 
ing with  a  central  school. 

(d)  To  procure  for  demonstration  and  experimental  work  in  agriculture, 
when  necessary,  a  tract  of  land  in  one  or  more  of  the  associated  rural  dis- 
tricts.    (Sec.  12,  c.  239,  Laws  1915.) 

163.  Same;  officers  of  associated  districts — The  officers  of  the  district 
of  the  central  school  shall  be  the  officers  of  the  associated  school  board. 
(Sec.  13,  c.  239,  Laws  1915.) 

164.  Deaf  children,  instruction  for,  how  provided — Upon  application  of 
any  special,  independent  or  common  school  district,  complying  with  the  pro- 
visions of  this  act,  made  to  the  state  superintendent  of  education,  he  may 
grant  permission  to  such  district  to  establish  and  maintain  within  its  limits 
one  or  more  schools  for  the  instruction  of  deaf  children  who  are  residents  of 
the  state. 

Any  school  district  which  shall  maintain  one  or  more  such  schools, 
shall  through  its  clerk  or  secretary  report  to  the  state  superintendent  of 
education  annually,  or  oftener  if  he  so  direct,  such  facts  relative  to  such 
school  or  schools  as  he  may  require. 

The  courses  and  methods  of  instruction  must  comply  with  such  require- 
ments as  may  be  outlined  by  the  state  superintendent  of  education.  All 
schools  for  deaf  children  established  under  this  act  shall  be  conducted  by 
the  combined  system  which  includes  the  oral,  the  aural,  the  manual  and 
every  method  known  to  this  profession;  and  the  courses  and  methods  of  in- 
struction shall  be  substantially  equal  or  equivalent  in  efficiency  to  the 
course  and  methods  of  instruction  established  and  employed  in  the  State 
School  of  the  Deaf  at  Faribault,  Minnesota.  The  state  superintendent  of 
education  may  designate  any  member  of  his  staff  as  an  inspector  to  visit  and 
note  the  progress  of  the  schools  provided  for  in  this  act. 

Permission  to  establish  such  special  classes  may  be  granted  to  districts 
which  have  an  actual  attendance  of  not  less  than  five  deaf  children,  between 
the  ages  of  four  and  ten  years  who  may  come  under  the  provisions  of  this 
act.  Blind  children,  defective  speech  children  and  mentally  subnormal 
children  are  not  to  be  admitted  to  the  same  class  with  deaf  children  but 
must  each  have  separate  classes  and  separate  teachers. 

There  shall  be  paid  out  of  the  current  school  fund  in  the  state  treasury 
annually  in  the  month  of  July,  to  the  treasurer  of  the  school  district  board, 
or  of  the  board  of  education,  in  the  school  district  maintaining  such  school 
or  schools  under  the  charge  of  one  or  more  teachers,  whose  appointment  and 
qualifications  shall  be  approved  by  the  state  superintendent  of  education,  the 
sum  of  one  hundred  ($100.00)  dollars  for  each  deaf  child  instructed  in  such 
school  or  schools  having  an  annual  session  of  at  least  nine  months  during 
the  year  preceding  the  first  day  of  July 


THE   PUBLIC   SCHOOLS.  57 

It  shall  be  the  duty  of  the  treasurer  of  the  scliool  district  or  of  the 
board  of  education  receiving  the  aid  provided  for  in  this  section,  to  render 
annually  to  the  state  superintendent  of  education  an  itemized  statement  of 
all  expenditures  of  said  school  or  schools.  Any  surplus  at  the  end  of  the  year 
shall  be  reserved  as  a  special  fund  for  the  education  of  the  deaf  children  of 
that  district  and  can  be  used  for  no  other  purpose.  (Sec.  1,  c.  194,  Laws 
1915.) 

165.  Blind  children,  instruction  of,  how  provided — Section  one  (1)  of 
this  act  shall,  so  far  as  applicable,  provide  for  and  apply  to  schools  for  the 
blind,  except  that  there  shall  be  paid  out  of  the  current  school  fund  in  the 
state  treasury  annually  in  the  month  of  July  to  the  treasurer  of  the  school 
district  maintaining  a  school  or  schools  for  the  blind  under  the  charf<a  of 
one  or  more  teachers  whose  appointment  and  qualifications  shall  be  approved 
by  the  state  superintendent  of  education,  the  sum  of  one  hundred  ($100.00) 
dollars  for  each  blind  pupil  instructed  in  such  school  or  schools  having  an 
annual  session  of  at  least  nine  months  during  the  year  next  preceding  the 
first  day  of  July.     (Sec.  2,  c.  194,  Laws  1915.) 

166.  Defective  speech  children,  instruction  of — Section  one  (1)  of  this 
act  shall,  so  far  as  applicable,  provide  for  and  apply  to  schools  for  defective 
speech  children,  except  that  these  schools  shall  be  under  the  control  of  the 
state  superintendent  of  education  and  that  there  shall  be  paid  out  of  the 
current  school  fund  in  the  state  treasury  annually  in  the  month  of  July  to  the 
treasurer  of  the  school  district  maintaining  a  school  or  schools  for  defective 
speech  children  under  the  charge  of  one  or  more  teachers  whose  appoint- 
ment and  qualifications  shall  be  approved  by  the  state  superintendent  of 
education,  the  sum  of  one  hundred  ($100.00)  dollars  for  each  defective 
speech  child  instructed  in  such  school  or  schools  having  an  annual  session 
of  at  least  nine  months  during  the  year  next  preceding  the  first  day  of  July; 
and  a  share  of  such  sum  proportionate  to  the  term  of  instruction  of  any 
such  pupil  who  shall  be  so  instructed  less  than  nine  months  during  such 
school  year.     (Sec.  3,  c.  194,  Laws  1915.) 

167.  Mentally  subnormal  children,  how  instructed — Section  one  (1)  of 
this  act  shall,  so  far  as  applicable,  provide  for  and  apply  to  schools  for  men- 
tal subnormal  children,  except  that  these  schools  shall  be  under  the  control 
of  the  state  superintendent  of  education  and  that  there  shall  be  paid  out 
of  the  current  school  fund  in  th  estate  ti-easury  annually  in  the  mouth  of 
July  to  the  treasurer  of  the  school  district  maintaining  a  school  or  schools 
for  mental  subnormal  children  under  the  charge  of  one  or  more  teachers 
whose  appointment  and  qualifications  shall  be  approved  by  the  state  super- 
intendent of  education,  the  sum  of  one  hundred  ($100.00)  dollars  for  each 
mental  subnormal  child  instructed  in  such  school  or  schools  having  an  annual 
session  of  at  least  nine  months  during  the  year  next  preceding  the  first 
day  of  July.     (Sec.  4,  c.  194,  Laws  1915.) 

168.  Permission  to  establish  instruction  for  deaf,  blind,  defective  speech 
and  subnormal,  how  obtained — Permission  to  establish  such  special  classes 
as  may  come  under  the  provisions  of  sections  2,  3  and  4  of  this  act,  may 
be  granted  to  districts  which  have  an  actual  attendance  of  not  less  than  five 
1915.) 

■  hildren  between  the  ages  of  four  and  sixteen  years.     (Sec.  5,  c.  194,  Laws 

169.  Secret  fraternities  in  the  public  schools— From  and  after  the  pas- 
sage of  this  act  it  shall  be  unlawful  for  any  pupil,  registered  as  such,  and 
attending  any  public  high  school,  district,  priinary  or  graded  scliool.  whioli 
is  partially  or  wholly  maintained  by  public  funds,  to  join,  become  a  member 
of,  or  to  solicit  any  other  pupil  of  any  such  school  to  join,  or  become  ii 
member  of  any  secret  fraternity  or  society  wholly  or  partially  formed 
from  the  membership  of  pupils  attending  any  such  schools  or  to  take  part 
in  the  organization  or  formation  of  any  such  fraternity  or  society,  except 
such  societies  or  associations  as  are  sanctioned  by  the  directors  of  such 
schools.     (2802) 


58  THE  PUBLIC  SCHOOLS. 

170.  Directors  to  establish  rules  and  regulations — The  alrectors  of  all 
such  schools  shall  enforce  the  provisions  of  section  1  of  this  art.  and  shall 
have  full  power  and  authority  to  make,  adopt  and  modify  all  rules  and 
regulations  which  in  their  judgment  and  discretion  may  be  necessary  for 
the  proper  governing  of  such  schools  and  enforcing  all  the  provisions  of 
section  1  of  this  act.     (2803) 

171.  Directors  shall  have  power  to  suspend  or  dismiss — The  directors 
of  such  schools  shall  have  full  power  and  authority,  pursuant  to  the  adop- 
tion of  such  rules  and  regulations  made  and  adopted  by  them,  to  sus- 
pend or  dismiss  any  pupil  or  pupils  of  such  schools  therefrom,  or  to  pre- 
vent them,  or  any  of  them,  from  graduating  or  participating  in  school 
honors  when,  after  investigation,  in  the  judgment  of  such  directors,  or  a 
majority  of  them,  such  pupil  or  pupils  are  guilty  of  violating  any  of  the 
provisions  of  section  1  of  this  act,  or  who  are  guilty  of  violating  any  rule, 
rules  or  regulations  adopted  by  such  directors  for  the  purpose  of  governing 
such  schools  or  enforcing  section  1  of  this  act.     (2804) 

A  school  board  has  power  to  exclude  from  school  a  child  who  is  feeble  minded 
or  of  such  mental  disposition  as  to  disturb  the  school  and  detract  to  an  arpt-or'a'  le 
extent  from  the  furnishing  of  instruction  to  the  other  children.  Such  a  question  is 
largely  one  of  fact  to  be  determined  in  each  case  as  it  arises. — Smith,  Aug.  3,  1914. 

172.  Soliciting  a  misdemeanor,  by  persons,  not  pupils — Municipal  and 
justice  courts  to  have  jurisdiction — It  is  hereby  made  a  misdemeanor  for 
any  person  not  a  pupil  of  such  schools  to  be  upon  the  school  grounds,  or  to 
enter  any  school  building  for  the  purpose  of  "rushing"  or  soliciting  while 
there  any  pupil  or  pupils  of  such  schools  to  join  any  fraternity,  society,  or 
association  organized  outside  of  said  schools.  All  municipal  courts  and 
justice  courts  of  this  state  shall  have  jurisdiction  of  all  offenses  com- 
mitted under  this  section,  and  all  persons  found  guilty  of  such  offenses  shall 
be  fined  not  less  than  two  dollars  nor  more  than  ten  dollars,  to  be  paid 
to  the  city  or  village  treasurer,  when  such  schools  are  situated  inside  of 
the  corporate  limits  of  any  city  or  village,  or  to  the  county  treasurer  when 
situated  outside  of  the  corporate  limits  of  any  such  city  or  village,  or 
upon  failure  to  pay  such  fine,  to  be  imprisoned  for  not  more  than  ten  days. 
(2805) 

173.  Force  or  violence,  when  lawful — The  use,  attempt,  or  offer  to  use 
force  or  violence  upon  or  toward  the  person  of  another  shall  not  be  un- 
lawful in  the  following  cases: 

******** 

(4)  Whenever  used  in  a  reasonable  and  moderate  manner  by  a  parent 
or  his  authorized  agent,  a  guardian,  master,  or  teacher,  in  the  exercise  of 
lawful  authority,  to  restrain  or  correct  his  child,  ward,  apprentice  or  scholar. 
(8634) 

174.  Elementary  schools  in  county  jails — The  county  board  of  each 
county  in  this  state  wherein  is  maintained  a  county  jail  or  work  farm  may 
provide  a  school  or  schools  for  the  instruction  in  the  elementary  branches 
of  learning  of  all  persons  detained  therein  as  prisoners,  and  in  such  case 
shall  provide  the  necessary  furniture,  appliances  and  teachers  to  be  paid 
for  out  of  the  county  annual  revenue  fund;  such  schools  to  be  maintained 
for  not  less  than  two  hours  each  school  day  or  night  sessions  if  necessary 
and  school  attendance  by  the  prisoners  shall  be  made  compulsory  as  far 
as  possible.  The  teachers  necessary  for  such  purpose  shall  be  appointed 
by  the  county  board  with  the  approval  of  the  county  superintendent  of 
schools  who  shall  exercise  supervision  thereover  in  connection  with  his 
other  duties  as  such  superintendent.     (9352) 

175.  Treatment  and  care  of  indigent  blind  infants — The  board  of  con- 
trol of  the  state  of  Minnesota  is  hereby  authorized  and  directed  to  provide 
at  some  state  institution  by  law  under  its  control,  to  be  selected  by  it, 
for  the  care,  medical  treatment,  maintenance  and  education  of  indigent 
blind  infants,  residents  and  citizens  of  the  state  of  Minnesota,  under  such 
rules  and  regulations  as  said  board  may  prescribe.     (4051) 


SCHOOL  TAXES.  59 

CHAPTER  VII. 

SCHOOL  TAXES. 

176.  State  school  tax — There  shall  be  levied  annually  upon  the  tax- 
able property  of  the  state  a  tax  of  one  and  twenty-three  one-hundredths 
mills  on  the  dollar,  to  be  known  as  the  state  school  tax,  of  which  one  mill 
on  the  dollar  shall  be  added  to  the  general  school  fund,  which  shall  then 
be  known  as  the  current  school  fund,  and  the  remainder  of  such  tax  shall 
be  added  to  the  university  fund.     (2915) 

177.  County  school  tax — District  tax — The  county  auditor  shall  extend 
upon  the  tax  lists  of  the  county,  in  the  same  7Panner  as  district  school 
taxes  are  extended  a  tax  of  one  mill  on  the  dollar  of  the  taxable  property 
in  each  district,  to  be  known  as  the  county  school  tax,  and  be  credited 
to  the  school  district  in  which  the  property  taxed  is  situated.  The  tax 
levied  by  school  districts  shall  be  known  as  the  district  school  tax.     (2916) 

178.  City,  village,  town  and  school  district  taxes — The  taxes  voted  by 
cities,  villages,  towns  and  school  districts  shall  be  certified  by  the  proper 
authorities  to  the  county  auditor  on  or  before  October  10  in  each  vear. 
(2051) 

179.  Contracts  in  excess  void — Liability  of  officers— It  shall  be  unlaw- 
ful for  the  aixthorities  of  any  county,  town,  city,  village,  or  school  district, 
unless  expressly  authorized  by  law,  to  contract  any  debt  or  incur  any 
pecuniary  liability  for  the  payment  of  either  the  principal  or  the  interest 
of  which  during  the  current  or  any  subsequent  years  it  shall  be  necessary 
to  levy  a  rate  oi  taxes  higher  than  the  maximum  prescribed  by  law.  Every 
such  contract  shall  be  null  and  void  in  regard  to  any  obligation  thereby 
sought  to  be  imposed  upon  such  corporation,  but  every  officer,  agent,  or 
member  thereof  who  participates  in  or  authorizes  the  making  of  such  con- 
tract shall  be  individually  liable  for  its  performance.  Every  such  officer  or 
agent,  who  is  present  when  such  contract  is  made  or  authorized  shall  be 
deemed  to  participate  in  or  authorize  the  making  thereof,  as  the  case  may 
be,  unless  he  enter  or  cause  to  be  entered  his  dissent  therefrom  in  the 
records  of  such  corporation.     (2058) 

180.  Limitation  of  tax — In  common  districts  such  district  school  tax 
shall  not  exceed  fifteen  mills  on  the  dollar  for  the  support  of  the  schools 
or  ten  mills  for  the  purchase  of  school  sites  and  the  erection  and  equip- 
ment of  school  houses;  but  in  such  districts  in  which  such  ten-mill  tax 
will  not  produce  six  hundred  dollars,  a  greater  tax  may  be  levied  for  school 
sites  and  buildings,  not  to  exceed  twenty-five  mills  on  the  dollar,  nor  six 
hundred  dollars  in  amount.  In  common  districts  having  less  than  ten  voters 
the  district  school  tax  shall  not  exceed  four  hundred  dollars.  In  inde- 
pendent districts  no  tax  in  excess  of  eight  mills  on  the  dollar  shall  be  levied 
for  the  purpose  of  school  sites  and  the  erection  of  school  houses.  In  special 
districts  such  amounts  may  be  levied  as  may  be  allowed  by  special  law  at 
the  same  time  when  the  Revised  Laws  take  effect.  Provided,  that  in  any 
common  school  district  of  this  state  in  which  there  is  now  or  shall  hereafter 
be  maintained  a  high  school  or  a  graded  school,  the  district  school  tax  for 
the  support  of  schools  mav  be  not  to  exceed  twenty-five  mills  on  the  dollar. 
(2917) 

Levy  by  an  independent  district  In   separate  funds  authorized. — 75   M.   456. 

The  board  of  an  independent  district  has  power  to  levy  taxes  for  the  support 
of  the  schools  of  the   district  in   excess  of   the   15   mills   on   the   dollar.— 87   M.    234. 

The  school  board,  and  not  the  electors,  of  an  independent  district  has  the 
power  to  levy  taxes  and  to  determine  the  length  of  school  to  be  held. — Young, 
June,   1906. 

The  limitation  of  15  mills  for  the  maintenance  of  schools  and  10  mills  for 
erection  of  school  house  includes  all  taxes  levied  for  school  purposes,  including 
tax  to  meet  interest  and  principal  of  bonds,  under  section  1414,  R.  L. — Douglas, 
page  137. 


go  Kl'NI'S    A.N1>    AP'l'ORTlONMKNT.S. 

CHAPTER  VIM. 
FUNDS  AND  A  ITOKTIONMENTS. 

181.  State  apportionment  of  school  funds — The  state  superintendent 
shall  apportion  the  available  current  school  fund  among  the  counties  on 
the  first  Monday  of  March  and  of  October  in  each  year,  in  proportion  to 
the  number  of  scholars  of  school  age  entitled  to  apportionment  llierein.  No 
scholar  shall  be  counted  more  than  once  in  any  county,  which  shall  be  in 
the  district  in  which  his  parents  or  guardians  reside,  if  such  scholar  has 
attended  school  and  is  entitled  to  apportionment  therein.  Bui  no  district 
shall  be  entitled  to  any  portion  of  said  fund  that  has  not  had  at  least  six 
months  of  school  term  within  the  year,  conducted  pursuant  to  the  pro- 
visions of  this  chapter,  nor  shall  any  district,  be  entitled  to  any  part  of  said 
fund  for  any  pupil  who  has  not  attended  school  at  least  forty  days  within 
such  year.     (2895  as  amended  Sec.  3,  c.  296,  Laws  191.').) 

A  district  to  be  entitled  to  apportionment  must  not  only  have  had  a  school 
taught  the  required  time  during  the  school  year,  which  ends  July  31st,  but  must 
also  have  made,  ihiough  its  teachers,  the  requisite  term  reports  to  the  county 
superintendent,  who,  in  turn,  must  have  reported  it  to  the  state  superintendent 
of  public  instruction  on  or  before  September  20th. 

"Can  the  enrollment  of  evening  schools,  conducted  by  the  regular  corps  of 
teachers,  be  reported  for  apportionment?"  They  can.  There  is  nothing  in  the 
law  requiring  the  apportionment  to  be  made  to  day  scholars  only. — Hahn,  page 
491. 

A  ten  months'  term  of  one-half  day  sessions  is  not  in  compliance  with  the 
statute  requiring  a  six  months'  term  of  full  session,  as  a  condition  precedent  to 
the  right   to   receive  a  share  of  the   current  school  fund. — Douglas,    Aprli  25,   1899. 

Note. — For  further  Information  as  to  the  apportionment  and  distiibution  of 
school  funds  by  the  state,  see  chapter  296,  I^aws  of  191."),  sections  1S6  to  2f>2  in- 
clusive,  of  tills   compilation. 

182.  Same;  state  auditor  to  draw  warrant — Standing  appropriation — 
Upon  receiving  a  copy  of  such  apportionment,  the  state  auditor  shall  draw 
his  warrant  on  the  state  treasury,  payable  to  the  state  treasurer,  for  the 
amount  due  each  county.  The  state  treasurer  shall  apply  such  amount  in 
his  semi-annual  settlement  with  each  county  named  in  the  apportionment, 
and,  if  the  amount  due  any  county  shall  exceed  the  amount  due  from  .^uch 
county  for  state  taxes,  shall  forthwith  transmit  to  the  county  trea.surer 
the  amount  of  such  excess.  There  is  hereby  annually  appropriated  from 
the  current  school  fund  the  amount  of  such  apportionments.     (2896) 

183.  County  apportionment — The  county  auditor  on  the  last  Monday 
in  March  and  October  of  each  year  shall  apportion  among  the  districts 
entitled  thereto  the  amount  ai)portioned  from  the  current  school  fund  and 
the  amount  received  from  liquor  licenses,  fines,  estrays,  and  other  sources, 
belonging  to  the  general  school  fund,  upon  the  same  basis  provided  for 
the  state  apportionment,  and  such  money  shall  be  used  only  for  the  pay- 
ment of  teachers'  wages;  but  no  district  shall  receive  any  part  of  the 
money  received  from  liquor  licenses  unless  all  sums  paid  for  such  licenses 
in  such  district  are  apportioned  to  the  county  school  fund,  and  no  district 
shall  receive  in  any  year  from  the  apportioned  fund  a  greater  amount  than 
that  appropriated  by  such  district  from  its  special  and  local  one-mill  tax 
for  that  year,  unless  such  district  has  levied  for  such  year  thp  maximum 
amount  allowed  by  law  for  school  purposes.     (2897) 

Any  delay  which  does  not  affect  the  apportionment  may  be  disregarded,  but 
the  absence  of  reports  justifies  the  auditor  in  leaving  districts  out  of  the  ap- 
portionment whose  reports  are   not  in. — Cole,  page  111. 

If  it  appeared  that  the  district  had  made  ample  provision  for  a  school  as 
required  by  law,  the>'  would  be  entitled  to  their  apportionment  if  their  failure 
to  maintain  the  school  was  due  to  no  fault  of  theirs,  as  the  prevalence  of  diph- 
theria.—Clapp,   July  9,   1S88. 

Moneys  withheld  from  districts  pursuant  to  the  last  proviso  in  this  section 
may  be  distributed  among  such  districts  upon  a  proper  basis,  as  have  complied 
with   the  requirements  of   Ihf   law   in    such  respects. — Childs,    Novemlter  26,   189.'). 


STATE   AID   TO   I'LM^I^IC   SCHOOLS.  61 

184.  Apportionment  to  schools  in  new  districts  -Any  (iisUul  wiiicii  for 
the  first  year  after  its  organization  lias  made  i)rovision  for  a  four-months 
school  by  the  levy  of  a  suflicient  tax,  and  has  maintained  a  le.eal  school 
for  one  month,  shall  receive  its  share  in  the  first  succeeding  apportion 
ment,  in  proportion  to  its  actual  enrollment.  Such  enrollment  shall  be  re- 
ported as  in  other  cases,  and  the  number  of  pupils  so  returned  shall  be 
included  by  the  state  superintendent  and  lli<>  county  auditor  in  their.appor- 
tionment.      (2898) 

185.  Report  of  county  apportionment,  etc. — The  county  auditor,  on  the 
first  Wednesday  after  such  a])i)ortionment,  shall  report  to  the  state  super- 
intendent the  amount  apportioned  (o  each  district,  the  sources  from  which 
such  money  was  received,  he  aggregate  number  of  pupils  in  the  county, 
;,nd  the  number  of  districts  sharing  in  the  apportionment.  He  shall  also, 
immediately  after  the  qualification  of  the  county  superintendent,  reiiori 
[0  the  state  superintendent  his  name  and  postoffice  address.     (2899) 

Funds  from  fines  and  penalties — School  funds  are  also  received  from 
liquor  licenses  and  from  fines  and  penalties  under  the  provisions  of  the  fol- 
lowing sections  of  the  General  Statutes  of  1913,  to-wit:  3153,  3173,  3174, 
3323,  4406,  4994,  5021,   5028,   5112,  5804,   5806,   fi040,   6278,   8930. 

CHAPTER   IX. 

STATE  AID  TO  PUBLIC  SCHOOLS. 

186.  State  aijl  to  schools,  funds  for — For  the  purpose  of  aid  to  public 
schools  there  shall  be  established  the  following  state  funds: 

(a)  The  Endowment  Fund,  which  shall  consist  of  the  income  on  the 
permanent  school  fund. 

(b)  The  Annual  Fund,  which  shall  consist  of  the  sums  appropriated  by 
the  legislature  for  special  aid  to  public  schools  or  departments  in  the  schools. 

(c)  The  Current  School  Fund,  which  shall  consist  of  the  amount 
derived  from  the  state  one  mill  tax.     (Sec.  1,  c.  296,  Laws  1915.) 

187.  Same;  distribution  of,  qualifications  for  receiving — The  state  board 
of  education  shall  distribute  the  annual  funds  and  any  other  sums  appro- 
priated by  the  state  to  schools  and  libraries,  in  such  manner  and  upon  such 
conditions  as  will  enable  them  to  perform  efficiently  the  services  required 
by  law,  and  to  further  the  educational  interests  of  the  state.  To  this  end 
the  state  board  shall  have  power  to  fix  the  requirements  for  receiving  and 
sharing  in  the  state  aid.     (Sec.  2,  c.  296,  Laws  1915.) 

188.  Same;  semi-annual  distribution  of — The  endowment  fund  shall  be 
distributed  semi-annually  to  school  districts  whose  schools  have  been  in 
session  at  least  six  months  in  proportion  to  the  number  of  scholars  of  school 
age  who  have  attended  school  at  least  forty  (40)  days  during  the  preceding 
year. 

The  annual  funds  shall  be  distributed  as  follows:  (Sec.  3,  c.  296,  Laws 
1915.) 

189.  Same;  rural  schools  entitled  to — Rural  schools  in  session  at  least 
eight  months,  shall  receive  one  hundred  and  fifty  dollars  ($150)  for  each 
teacher  holding  a  first  class  certificate.  Rural  schools  in  session  at  least 
seven  months  annually  shall  receive  one  hundred  dollars  ($100)  for  each 
teacher  holding  a  second  class  certificate.     (Sec.  4,  c.  296,  Laws  1915.) 

190.  Same;  graded  schools  entitled  to — A  graded  school  in  session  at 
least  nine  months  in  the  year  shall  receive  six  hundred  dollars  ($600)  and 
an  additional  one  hundred  dollars  (.$100)  for  each  grade  teacher  employed  in 
excess  of  four,  counting  the  principal  as  a  teacher. 

A  graded  school  may  receive  an  additional  two  hundred  and  fifty  dollars 
($250)  for  each  high  school  teacher. 

The  total  aid  to  a  graded  school  on  this  basis  shall  not  exceed  thirteen 
hundred  dollars   (|1,300). 


H2  STATE   AID   TO    PUBLIC   SCHOOLS. 

No  graded  achool  in  the  same  district  with  an  aided  high  scliuol  shall 
receive  annual  aid.  This  provision  shall  not  apply  to  districts  of  ten  or 
more  townships.     (Sec.  fi.  c.  296,  Laws  1915.) 

191.  Same;  high  schools  entitled  to — A  high  school  in  session  at  least 
nine  months  in  the  year  shall  receive  annually  eighteen  hundred  dollar.s 
($1,800).     (Sec.  6,  c.  290.  Laws  1915.) 

192.  Same;  amount  of,  for  industrial  departments — High,  graded  or  con- 
solidated schools,  maintaining  courses  in  agriculture,  home  training  (in- 
cluding cooking  and  sewing),  manual  training,  or  commercial  training,  shall 
receive  one  thousand  dollars  ($1,000)  for  the  agricultural  course,  and  six 
hundred  dollars  (?600)  for  each  course  in  home  training  (including  cooking 
and  sewing),  manual  training,  and  commercial  training. 

Aid  to  each  of  these  departments  shall  not  exceed  the  sums  paid  as 
salaries  in  the  respective  departments.     (Sec.  7,  c.  296,  Laws  1915.) 

193.  Same;  amount  of,  to  high  schools  with  teachers  training  depart- 
ments— High  schools  maintaining  a  department  for  training  rural  teachers 
shall  receive  annually  twelve  hundred  dollars  ($1,200).  A  school  employing 
more  than  one  teacher  in  such  department  may  receive  not  to  exceed  two 
thousand  dollars  ($2,000).  A  school  employing  more  than  two  teachers  in 
such  department  and  in  enrolling  not  less  than  fifty  students,  may  receive 
not  to  exceed  twentv-eigl)t  hundred  dollars  ($2,800.00).  (Sec.  8,  c.  296, 
Laws  1915.) 

194.  Same;  amount  of,  to  consolidated  schools — Consolidated  schools  of 
class  A  shall  receive  annually  five  hundred  dollars  ($500). 

Consolidated  school  of  class  B  shall  receive  annually  two  hundred  and 
fifty  dollars   ($250). 

In  addition  to  this  annual  aid  consolidated  schools  shall  be  reimbursed 
for  the  amount  reasonably  expended  for  transportation  of  pupils,  not  to 
exceed  two  thousand  dollars  ($2,000). 

Districts  providing  school  buildings  for  consolidated  school  purposes 
may  be  reimbursed  up  to  one-fourth  of  the  cost  of  such  buildings,  but  not 
to  exceed  two  thousand  dollars  ($2,000).    (Sec.  9,  c.  296,  Laws  1915.) 

195.  Same;  amount  and  conditions  of,  for  libraries — Each  school  shall 
receive  in  addition  to  other  aid,  library  aid  amounting  to  ten  dollars  ($10) 
for  each  teacher  employed,  with  a  maximum  of  twenty-five  dollars  ($25)  to  a 
building,  provided  the  district  appropriates  a  like  amount  for  the  same  pur- 
pose.    (Sec.  10,  c.  296,  Laws  1915.) 

196.  Same;  amount  of,  based  on  local  tax  levy — Districts  whose  local 
tax  levy  for  maintenance  of  school  exceeds  twenty  mills  (20)  in  any  year 
may  receive  in  addition  to  other  aid,  one-third  of  the  amount  raised  in  excess 
of  that  received  from  the  twenty  (20)  mill  levy  with  a  maximum  of  twenty- 
five  hundred  dollars  ($2,500)  to  each  high  school,  eighteen  hundred  dollars 
($1,800)  to  each  graded  school,  and  to  rural  schools,  two  hundred  dollars 
($200)  for  each  teacher.     (Sec.  11,  c.  296,  Laws  1915.) 

197.  Same;  amount  of,  to  associated  rural  schools — Rural  school  dis- 
tricts associated  with  a  central  school  shall  receive  annually  fifty  dollars 
($50)  on  account  of  such  association. 

The  central  school  with  which  a  rural  school  or  rural  school  district  is 
associated  for  the  purposes  herein  stated  shall  maintain  departments  in 
agriculture  and  such  other  industrial  subjects  as  the  state  board  of  educa- 
tion may  require,  and  shall  receive  annually  two  hundred  dollars  ($200)  for 
each  such  associated  rural  school  or  school  district.  (Sec.  12,  c.  296,  Laws 
1915.) 


STATE   AID   TO   PUBLIC   SCHOOLS.  63 

1»G-  Same;  distribution  of  to  certain  districts  and  for  tuition  of  non- 
residents in  Industrial  departments — The  current  school  fund  shall  be  dis- 
tributed to  school  districts  as  follows. 

The  state  auditor  shall  set  aside  from  the  current  school  fund  an  amount 
not  to  exceed  one  hundred  and  fifty  thousand  dollars  ($150,000)  each  year 
for  the  following  purposes: 

(a)  To  assist  any  school  district  which  does  not  maintain  a  state  high 
or  state  graded  school  in  maintaining  its  public  schools,  when  a  levy  of 
fifteen  (15)  mills  in  such  district  does  not  raise  five  hundred  dollars  ($500) 
for  each  school  in  session  seven  (7)  months  during  the  year. 

The  state  board  of  education  may  expend  not  to  exceed  two  hundred 
dollars  ($200)  for  each  such  school. 

(b)  To  make  up  for  any  deficit  which  may  arise  in  payment  of  the 
annual  funds  to  schools,  or  to  special  departments  in  certain  schools. 

(c)  To  pay  the  tuition  of  non-resident  pupils  enrolled  in  the  industrial 
departments  of  state  high,  graded,  or  consolidated  rural  schools  which  have 
been  designated  by  the  state  board  to  maintain  courses  and  instruction  in 
agriculture,  home  training  (including  cooking  and  sewing),  manual  training, 
and  commercial  training,  and  whose  residence  district  does  not  provide 
courses  and  instruction  of  like  kind.     (Sec.  13,  c.  296,  Laws  1915.) 

199.  Same;  tuition  to  be  paid  by  non-resident  pupils  at  high  schools — A 
high  school  student  whose  residence  district  provides  high  school  courses 
of  instruction  shall  not  be  entitled  to  free  admission  to  the  high  school  of 
any  other  district  except  by  permission  of  the  school  obard  of  such  other 
district,  or  in  accordance  with  the  rules  of  the  state  board  of  education. 

The  rate  of  tuition  shall  be  fixed  by  the  state  board  of  education,  but 
not  to  exceed  two  dollars  and  fifty  cents  ($2.50)  per  month  for  each  non- 
resident pupil,  nor  more  than  nine  (9)  months  in  any  school  year. 

No  non-resident  pupil  shall  be  entitled  to  have  any  tuition  made  a 
charge  against  the  state  whose  residence  district  furnishes  courses  and  in- 
struction in  the  industrial  studies.  Nor  shall  pupils  from  any  associated 
district  be  counted  for  payment  of  tuition  in  the  central  school  of  the  same 
district. 

No  tuition  shall  be  charged  any  pupil,  resident  of  this  state,  who  is  en- 
rolled in  the  high  school  department  of  any  state  high  or  graded  school, 
except  in  the  industrial  departments  above  specified. 

The  state  board  of  education  shall  make  proper  rules  relating  to  enroll- 
ment, attendance,  rates  of  tuition,  payment  of  the  endowment  and  current 
funds,  on  account  of  such  non-resident  pupils.     (Sec.  14,  c.  296,  Laws  1915.) 

200.  Same;  balance  of  state  fund,  how  distributed— The  balance  of  the 
current  school  fund  shall  be  distributed  on  the  same  basis  and  at  the  same 
time  as  the  endowment  fund.     (Sec.  15,  c.  296,  Laws  1915.) 

201.  Same;  power  over  distribution,  where  vested  conditions — In  case 
the  state  board  of  education  referred  to  in  this  act  shall  not  be  provided  by 
law,  the  authority  herein  granted  to  such  board  will  vest  in  the  state  high 
school  board  and  the  state  superintendent  of  education  in  accordance  with 
the  provisions  of  existing  law.     (Sec.  16,  c.  296,  Laws  1915  ) 

2(2.  Same;  certain  laws  repealed— All  acts  and  parts  of  acts  incon- 
sistent with  the  provisions  of  this  act  are  hereby  repealed.  (Sec.  17,  c. 
296,  Laws  1915.) 

203.  Same;  to  consolidated  districts  containing  certain  villages— To  re- 
ceive state  aid  as  a  consolidated  school  of  Class  A  or  Class  B,  as  defined  In 
this  act,  the  consolidated  districts  must  contain  not  less  than  twelve  sec- 
tions; provided,  however,  that  when  any  consolidated  school  district  shall 
have  attained  a  valuation  of  $200,000  and  not  exceeding  $1,000,000,  and  con- 


H4  STATK    AID   TO    PUHLIC   SCHOOLS. 

tains  within  its  borders  an  incorporated  village  which  consolidated  district 
contains  but  ten  sections  such  consolidated  district  shall  have  all  the  rights 
and  privileges  of  a  consolidated  school  district.  Any  existing  school  district 
having  the  area  and  meeting  the  requirements  specified  in  this  act,  shall 
have  the  rights  and  privileges  of  a  consolidated  school  district.  (Sec.  2,  c. 
238.  Laws  1915.) 

20-1.  Same;  classification  of  consolidated  districts  for  receiving — (1)  For 
receiving  state  aid  schoi/ls  in  consolidated  districts  shall  be  classified  as  A 
and  11.  Schools  of  class  A  shall  be  in  session  at  least  eight  months  in  the 
year  and  be  well  organized.  They  shall  have  suitable  school  houses  with 
the  necessary  rooms  and  equipment.  Those  belonging  in  class  A  shall  have 
at  least  four  departments  and  those  belonging  in  class  B,  at  least  two  de- 
partments. The  board  in  a  consolidated  school  district  maintaining  a  school 
of  either  class  shall  arrange  for  the  attendance  of  all  pupils  living  two  mile.-; 
or  more  from  the  school,  through  suitable  provision  for  transportation  or 
for  the  boarding" and  rooming  of  such  pupils  as  may  be  more  economically 
and  conveniently  provided  for  by  such  means. 

(2)  Besides  maintaining  schools  in  consolidated  districts  conforming  to 
the  requirements  of  those  coming  under  classes  A  and  B,  the  school  board 
may  maintain  other  schools  of  not  more  than  two  departments,  and  receive 
state  aid  for  these  as  provided  for  semi-graded  and  rural  schools.  (Sec.  9, 
c.  238,  Laws  191.5.) 

205.  Same;  qualification  of  principal  of  consolidated  school — The  i)rin- 
cipal  of  a  consolidated  school  shall  be  qualified  to  teach  the  elements  of 
agriculture,  as  determined  by  such  tests  as  are  required  by  the  superin- 
tendent i^f.  (•■Unation  A  school  of  this  class  shall  have  suitable  rooms  and 
equipment  for  industrial  and  other  work,  a  library,  and  necessary  apparatus 
and  equipment  for  efiPcient  w^ork,  and  a  course  of  study  embracing  .sucii 
branches  as  may  bo  prescribed  by  the  superintendent  of  education. 

(2)  The  principal  and  other  teachers,  including  special  teacher^-,  shall 
have  such  qualificatiori;;  as  mav  be  fixed  bv  the  superintendent  of  edu'^alion. 
(Sec.  10,  c.  238,  Laws  1915.) 

206.  Same;  amounts  to  classes  of  consolidated  d'stricts-Schools  under 
class  A  in  consolidated  districts  shall  receive  annually  aid  of  five  hundred 
dollars  ($500):  those  under  class  B  shall  receive  annually  aid  of  two  hundred 
and  fifty   ($250). 

In  addition  to  such  annual  aid,  schools  shall  receive  annually  the  amount 
reasonably  expended  for  the  transportation  of  pupils,  not  to  exceed  two 
thousand  ($2,000). 

In  addition  to  other  annua!  aid  consolidated  schools  of  either  of  the 
above  class  shall  receive  an  amount  to  aid  in  the  construction  of  buildings, 
equal  to  twenty-five  (25)  per  cent  of  the  cost  of  such  buildings,  but  no 
school  shall  receive  more  than  a  total  of  two  thousand  dollars  (.^2.000)  for 
aid  in  construction  of  buildings.  The  annual  aid  and  the  aid  for  buildings 
shall  be  paid  in  the  same  manner  as  now  provided  by  law  for  the  payment 
of  other  state  aid  to  public  schools. 

Whenever  any  school  in  a  consolidated  district  attains  \ho  rank  of  a 
state  high  or  graded  school  it  shall  possess  I  he  rights  and  privileges  of 
such  school.     (Sec.  11,  c.  238,  Laws  1915.) 

206.  Same;  certain  laws  relating  to,  repealed — Sections  1289,  1290,  1291, 
1292,  1293,  Revised  Laws  1905,  and  chapter  326,  Session  Laws  of  1905  and 
chapter  304,  Session  Laws  of  1907.  Chapter  207,  Session  Laws  of  1911,  and 
chapters  279  and  428,  Session  Laws  1913  and  other  acts  and  parts  of  acts 
in.-onsistent  herewith  are  hereby  repealed.     (Sec.  12,  c.  238,  Laws  1915.) 

207.  Same;  amount  of,  for  maintenance  of  industrial  departments — 
High,  graded,  and  consolidated  rural   schools  maintainiT^s  courses  in  agri- 


SCHOOL  TEXT-BOOKS   AND  LIBRARIES.  65 

culture,  home  training  (including  cooking  and  sewing),  manual  training, 
and  commercial  training,  shall  receive  one  thousand  dollars  (?1,000)  for  the 
agricultural  course,  and  six  hundred  dollars  ($600)  for  each  course  in  home 
training  (including  cooking  and  sewing),  manual  training  and  commercial 
training. 

Aid  to  each  of  these  departments  shall  not  exceed  the  sums  paid  as 
salaries  in  the    respective  departments.     (Sec.  14,  c.  239,  Laws  1915.) 

208.  Same;  amount  of,  to  rural  districts  associated  with  high  school  — 
Rural  school  districts  associated  with  a  central  school  shall  receive  annually 
fifty  dollars  ($50)  on  account  of  such  association. 

The  central  school  with  which  a  rural  school  or  rural  school  district  is 
associated  for  the  purposes  herein  stated  shall  maintain  departments  in 
agriculture  and  such  other  industrial  subjects  as  the  state  board  of  educa- 
tion may  require,  and  shall  receive  annually  two  hundred  dollars  ($200)  for 
each  such  associated  rural  school  or  school  district.  (Sec.  15,  c.  239,  Laws 
1915.) 

209.  Same;  authority  of  distribution,  where  vested — In  case  the  state 
board  of  education  referred  to  in  this  act  shall  not  be  provided  by  law,  the 
authority  herein  granted  to  such  board  shall  vest  in  the  state  high  school 
board  and  the  state  superintendent  of  education  in  accordance  with  the  pro- 
visions of  existing  law. 

Repealing  clause — Chapter  247,  General  Laws  1909,  chaper  92,  General 
Laws  1911,  chapter  309,  General  Laws  of  1913,  and  chapter  91,  General  Laws 
1911,  as  amended  by  chapter  96,  General  Lawws  1913,  are  hereby  repealed. 
(Sec.  16,  17,  c.  239,  Laws  1915.) 

310.  Same;  payment  of — The  appropriations  made  by  law  in  aid  of 
high  schools,  graded  schools,  semi-graded  schools  and  rural  or  common 
schools  shall  be  paid  in  the  following  manner:  On  or  before  the  first 
(1st)  days  of  October  in  each  year,  it  shall  be  the  duty  of  the  state  superin- 
tendent of  public  instruction  to  deliver  to  the  state  auditor  a  certificate  in 
duplicate  for  each  class  of  schools  in  each  county  of  the  state  entitled  to 
receive  the  state  aid  expressly  appropriated  by  law  for  such  purposes. 
Upon  the  receipt  of  such  certificate,  it  shall  be  the  duty  of  the  state  auditor 
to  draw  his  warrant  upon  the  state  treasure  in  favor  of  the  county  treas- 
urer for  the  amount  shown  by  each  certificate  to  be  due  to  the  several 
schools  therein  enumerated. 

The  state  auditor  shall  transmit  such  warrant  or  warrants  to  the  county 
auditor,  together  with  a  copy  of  the  certificate  prepared  by  he  superintend- 
ent of  public  instruction.     (2947) 

211.  Same;  duty  of  county  auditor — Upon  receipts  by  the  county  aud- 
itor of  the  warrant  and  the  certificate  as  stated  in  section  1  of  this  act, 
it  shall  be  his  duty  to  credit  the  several  school  districts  wih  the  amounts 
stated  in  said  certificate,  then  charging  the  county  treasurer  with  the  ag- 
gregate amount  so  received,  and  forthwith  deliver  to  the  county  treasurer 
the  said  warrant  or  warrants. 

212.  The  funds  so  credited  to  the  several  school  districts  shall  be  paid 
to  the  treasurers  thereof  in  the  same  manner  now  pi'ovided  by  law  for  the 
payment  of  school  funds   to  school  district  treasurers.      (2948) 

CHAPTER   X. 

SCHOOL  TEXT-BOOKS  AND  LIBRARIES. 

213.  List  of  books  to  be  prepared  by  high  school  board---The  state 
high  school  board  shall  from  time  to  time  prepare  and  amend  a  list  of 
books  suitable  for  school  libraries,  including  dictionaries  and  other  books 
of  reference,  histories  and  works  of  biography,  literature,  political  economy, 
agriculture,  travel  and  science.     (2947) 


fifi  SCHOOL  TEXT-BOOKS   AND   LIBRARIES. 

214.  Same;  state  aid,  when  furnished — I'^pon  receiving  from  any  dis- 
trict a  certified  statement,  approved  by  the  county  superintendent  show- 
ing the  purchase  of  books  specified  and  included  in  the  list  prepared  under 
the  foregoing  section,  the  appointment  of  a  librarian  for  each  library  and 
the  making  of  proper  provisions  for  the  care  thereof,  and  for  the  free  dis- 
tribution of  books  suitable  for  distribution,  the  state  Muperintendont  shall 
furnish  such  district  a  requisition  on  the  state  auditor  for  one-half  the 
purchase  price,  not  exceeding  twenty  dollars  for  th<^  first  year's  purchase 
and  ten  dollars  for  any  subsequent  year  for  each  separate  school  for  which 
a  library  is  so  furnished. 

Provided  first  that  any  school  board  may  agree  with  the  board  of  any 
a{>proved  public  library  for  a  specified  period  to  become  a  branch  of  .said 
public  library  and  to  receive  therefrom  library  books  suited  to  the  needs 
of  the  pupils  in  the  school  and  for  the  community.  In  the  event  of  such 
agreement  between  the  school  board  and  the  public  library  board  such 
school  board  may  torn  over  the  books  of  the  school  library  other  than 
those  needed  for  reference  in  the  school  to  the  public  library  and  shall 
in  case  of  such  agreement  annually  pay  to  such  public  library,  the  sum 
to  be  expended  by  the  school  district  for  the  purchase  of  library  books, 
and  any  state  library  aid  to  which  such  school  district  is  entitled.  All 
books  purchased  by  such  public  library  from  funds  provided  by  district  or 
state  library  aid  shall  be  selected  from  the  state  list  for  school  libraries. 
Any  public  library  making  agreement  with  school  districts  for  library  serv- 
ice as  herein  provided  shall  first  be  approved  by  the  superintendent  and  the 
secretary  of  the  public  library  commission,  who  shall  make  suitable  rules 
governing  relationship  between  school  libraries  and  each  public  library  co- 
operating under  the  provisions  of  this  act.     (2950) 

Note. — For  law  i-elatinp  to  additional  aid  for  libraries,  see  section  10,  Chapter 
296,  Laws  of  1!>1.5,  being-  section  195  herein. 

215.  Text-books — Persons,  companies  or  corporations  to  comply  with 
certain  conditions — Before  any  person,  company  or  corporation  shall  offer 
any  school  text-book  for  adoption,  sale  or  exchange,  in  the  state  of  Min- 
nesota, said  person,  company  or  corporation  shall  comply  with  the  follow- 
ing conditions: 

First.  File  a  copy  of  such  text-book  in  the  office  of  the  state  superin- 
tendent of  public  instruction,  with  a  sworn  statement  of  the  usual  list  price, 
the  lowest  wholesale  price,  and  the  lowest  exchange  price,  based  on  five- 
year  adoption  periods,  at  which  said  book  is  sold  of  exchanged  for  an  old 
book  in  the  same  subject  of  like  grade  and  kind,  but  a  different  series, 
to  any  school  board,  school  corporation  or  school  text-book  commission 
anywhere  in  the  United  States. 

Second.  File  with  the  state  superintendent  of  public  instruction  a 
written  agreement  (1)  to  furnish  said  book  or  books  to  any  school  board 
in  the  state  of  Minnesota  at  the  said  lowest  prices  so  filed,  and  to  maintain 
said  prices  uniformly  throughout  the  state.  (2)  To  reduce  such  prices 
automatically  in  Minnesota  whenever  reductions  are  made  elsewhere  in  the 
United  States,  and  guarantee  that  at  no  time  shall  any  book  so  filed  by 
said  person,  company  or  corporation  be  sold  In  Minnesota  at  a  higher 
price  than  is  received  for  such  book  elsewhere  in  the  United  States.  (3) 
That  all  text-books  offered  for  sale  in  Minnesota  shall  be  equal  in  quality 
to  those  deposited  in  the  oS\ce  of  the  state  superintendent  of  public  in- 
struction as  regards  paper,  binding,  print,  illustrations,  subject-matter  and 
all  points  that  may  affect  the  value  of  said  text-books. 

Third.  File  with  the  state  superintendent  of  public  instruction  a  surety 
bond  of  not  less  than  two  thousand  ($2,000)  and  not  more  than  ten  thou- 
sand dollars  ($10,000),  said  bond,  in  an  amount  to  be  fixed  by  the  state 
superintendent  of  public  instruction,  shall  run  to  the  state  of  Minnesota, 
and  be  approved  by  the  attorney  general.  Upon  compliance  with  the  fore- 
going conditions,  said  person,  company  or  corporation  shall  be  licensed  to 
sell  text-books  in  the  state  of  Minnesota.     (2951) 


SCHOOL  TEXT-BOOKS   AND  LIBRARIES.  67 

216.  Same;  failure  to  comply — Duties  of  county  superintendent— If  in 
any  case  said  person,  company  or  corporation  shall  furnish  to  any  district 
books  inferior  in  any  particular  to  the  samples  on  file  with  the  state  super- 
intendent or  charge  a  higher  price  than  was  filed  with  the  state  superin- 
tendent, or  than  the  same  are  sold  elsewhere  in  the  United  States,  then 
it  shall  be  the  duty  of  the  county  superintendent  on  written  complaint 
filed  with  him  by  the  school  board  of  such  district  or  of  the  city  superin- 
tendent of  a  district  having  a  state  high  school,  or  of  the  principal  of 
schools  of  a  district  having  a  state  graded  school,  to  inform  the  state  super- 
intendent of  the  failure  of  said  person,  company  or  corporation  to  comply 
with  the  terms  of  his  contract.  The  state  superintendent  shall  thereupon 
notify  the  said  person,  company  or  corporation  of  said  complaint,  and  if  the 
said  person,  company  or  corporation  shall  disregard  the  notification  and  fail 
to  comply  immediately  with  the  terms  of  agreement  filed  with  the  state 
superintendent,  then  the  bond  of  said  person,  company  or  corporation  shall 
be  forfeited  and  the  attorney  general  shall  upon  written  request  of  the  stare 
superintendent  proceed  to  collect  the  full  amount  of  the  bond  of  said  per- 
son, company  or  corporation.     (2952) 

218.  Same;  books  to  be  chosen  from  printed  list — It  shall  be  the  duty 
of  the  state  printer  to  print  and  of  the  state  superintendent  of  public  in- 
struction to  distribute  annualy  to  the  school  authorities  of  the  state  a 
complete  list  of  the  books  thus  filed  with  him  giving  the  usual  list  price, 
the  lowest  wholesale  price  and  exchange  price  of  each;  and  all  books  used 
in  the  public  schools  of  the  state  may  be  chosen  from  this  list,  and  when- 
ever the  publisher  shall  prepare  an  abridged  or  special  edition  of  any  of  hi.s 
books  listed  with  the  state  superintendent  and  shall  supply  such  special 
edition  elsewhere  at  a  lower  wholesale  price  than  the  wholesale  price 
scheduled  with  the  state  superintendent,  the  publisher  must  agree  to  fur- 
nish such  special  edition  at  the  wholesale  price  at  which  it  is  furnished 
elsewhere,  so  long  as  it  is  supplied  at  the  said  lower  price  anywhere  out- 
side of  Minnesota;  and  it  shall  be  understood  that  the  bond  given  by  the 
publisher  shall  cover  this  provision  as'  to  special  edition.  In  case  an  ac- 
tion is  brought  upon  such  bond,  the  state,  if  successful,  shall  recover  the 
full  amount  of  the  bond,  which  amount  shall  be  paid  into  the  state  school 
fund.     (2953) 

218.  Free  text-books — The  school  board  of  any  school  district  shall, 
when  directed  by  a  vote  of  the  district,  or  when  the  board  deems  it  ad- 
visable, provide  for  the  free  use  of  school  text-books  by  the  pupils  of  their 
school  or  schools,  or  provide  for  the  sale  of  them  to  pupils  at  cost.  But 
no  such  adoption  or  contract  shall  be  for  less  than  three  (3)  or  more  than 
five  (5)  years,  during  which  time  such  books  adopted  shall  not  be  changed. 
(2954) 

219.  Same;  proposition  to  be  submitted  to  voters  of  the  district — 
Whenever  five  or  more  legal  voters  of  any  common  school  district  shall 
petition  the  school  board  to  submit  the  question  of  providing  free  text- 
books to  pupils  attending  its  schools,  it  shall  be  the  duty  of  such  boai'd  to 
submit  the  same  to  the  legal  voters  of  such  district.  Such  question  may  be 
submitted  at  a  special  meeting  by  giving  ten  day's  notice  thereof,  or  at  any 
annual  meeting.  But  in  any  case  the  notice  of  such  meeting  shall  call  at- 
tention to  the  fact  that  such  question  will  be  submitted,  and  in  case  a 
majority  at  such  meeting  shall  vote  in  favor  of  such  free  text-books,  it 
shall  be  the  duty  of  the  board  to  provide  the  same.     (2955) 

220.  School  boards  to  have  authority  to  purchase — The  school  boards 
of  each  school  district  shall  have  authority  to  purchase  all  necessary  books 
for  indigent  pupils  and  pav  for  the  sariie  out  of  the  funds  of  the  district. 
(2956) 

,As  to  powers  of  boards  of  special  districts  over  text-books,  see  115  M. 
222. 


68  COMPULSORY  EDUCATION— CHILD  LABOR. 

221.  Attempted  combinations  illegal — Duty  of  attorney  flenera! — If  at 
any  time  any  publisher  shall  enter  into  an  understanding,  agreement  or 
combination  to  control  the  prices  or  to  restrict  competition  in  the  adop- 
tion or  sale  of  school  books,  then  the  attorney  general  shall  institute  and 
prosecute  legal  proceedings  for  the  forfeiture  of  the  bond  of  said  publisher 
and  for  the  revocation  of  his  license  to  sell  school  books  in  this  state, 
and  each  and  every  contract  made  by  said  publisher  under  this  article 
shall  thereupon  become  null  and  void  at  the  option  of  the  other  parties 
thereto.     (2957) 

222.  Samples  to  be  placed  on  file  with  state  superintendent — Penalty — 
Any  publisher  who  shall  sell  or  offer  for  sale  or  adoption  in  the  state, 
school  text-books  of  any  kind  without  first  placing  samples  of  the  same  on 
file  with  prices  and  obtaniing  a  license  therefor  from  the  state  superin- 
tendent of  public  instruction  shall  be  guilty  of  a  gross  misdemeanor,  and, 
upon  conviction,  shall  be  fined  not  less  than  five  hundred  dollars  and  not 
more  than  two  thousand  dollars.     (2958) 

223.  Superintendent  to  be  disinterested  party — Penalty  for  violation — 
If  the  state  superintendent  of  public  instruction,  his  assistant  or  any  em- 
ploye connected  with  his  office,  or  any  member  of  any  school  board,  who 
shall  accept  or  receive  any  money,  gift  or  any  property,  or  favor  whatso- 
ever, from  any  person,  firm  or  corporation  offering  for  sale  any  text-books 
or  any  agent  thereof,  or  from  any  person  in  any  way  interested  in  the  sale 
of  text-books,  shall,  upon  conviction,  be  punished  by  a  fine  not  exceeding 
five  hundred  ($500)  dollars  or  by  improsonment  in  the  county  jail  for  not 
more  than  six  months,  or  by  both  such  fine  and  imprisonment.     (2959) 

224.  Same;  teachers,  county  and  city  superintendent  to  be  disinter- 
ested persons — Penalty  for  violation — Any  teacher  in  the  public  schools  of 
Minnesota  or  any  county  or  city  superintendent  of  schools,  or  any  mem- 
ber of  any  school  board  or  board  of  education,  or  any  person  or  persons 
connected  with  the  public  school  system  of  Minnesota  in  any  capacity,  who 
shall  in  any  way  be  interested  in  the  profits,  proceeds  or  sale  of  any 
school  text-books  used  in  the  schools  of  Minnesota  under  his  charge,  or 
with  which  he  is  connected  in  any  official  capacity,  shall  be  liable  to  a 
fine  of  not  less  than  fifty  dollars  ($50),  nor  more  than  two  hundred  dol- 
lars ($200);  provided,  that  this  shall  not  apply  nor  have  reference  to 
royalties  or  profits  received  by  a  person  from  the  sale  of  school  books  of 
which  he  is  himself  the  author.     (2960) 

CHAPTER  XI. 
COMPULSORY  EDUCATION— CHILD  LABOR. 

225.  Compulsory  attendance — Grounds  for  excuse — Every  child  between 
eight  (8)  and  sixteen  (16)  years  of  age  shall  attend  a  public  school  or  a 
private  school,  in  each  year  during  the  entire  time  the  public  schools  of 
the  district  in  which  the  child  resides  are  in  session;  provided,  that  in 
districts  where  the  entire  term  of  school  is  of  unequal  length  in  different 
schools  such  child  shall  be  required  to  attend  school  as  herein  provided 
during  at  least  the  entire  time  of  the  shorter  term. 

Such  child  may  be  excused  from  attendance  upon  an  application  of  his 
parent,  guardian,  or  other  person  having  control  of  such  child,  to  any  mem- 
ber of  the  school  board,  truant  oQicer,  principal,  or  city  superintendent,  for 
the  whole  or  any  part  of  such  period,  by  the  school  board  of  the  district 
in  which  the  child  resides,  upon  its  being  shown  to  the  satisfaction  of  such 
board : 

1.  That  such  child's  bodily  or  mental  condition  Is  such  as  to  prevent 
his  attendance  at  school  or  application  to  study  for  the  period  required: 
or 

2.  That  such  child  has  already  completed  the  studies  ordinarily  re- 
quired in  the  eighth  grade;  or 


COMPULSORY  EDUCATION—CHILD   LABOR.  69 

3.  That  there  is  no  public  school  wiihiu  reasonable  distauce  of  his 
residence,  or  that  conditions  of  weather  and  travel  make  it  impossible  for 
the  child  to  attend;  provided,  first,  that  any  child  fourteen  (14)  years  of 
age  or  over,  whose  help  may  be  required  in  any  permitted  occupation  In  or 
about  the  home  of  his  parent  or  guardian  may  be  excused  from  attendance 
between  April  1  and  November  1  in  any  year;  but  this  proviso  shall  not 
apply  to  any  cities  of  the  first  and  second  class;  provided,  second,  that 
nothing  in  this  act  shall  be  construed  to  prevent  a  child  from  being  absent 
from  school  on  such  days  as  said  child  attends  upon  instruction  according 
to  the  ordinances  of  some  church. 

The  clerk,  or  any  authorized  oflScer  of  the  school  board,  shall  issue  and 
keep  a  record  of  such  excuses,  under  such  rules  as  the  board  may  from 
time  to  time  establish.     (2979) 

You  ask  for  a  construction  of  chapter  3.">C,  General  Laws  of  1911,  and  inquire 
as  to  the  age  of  children   that  parents  are  compelled   to   send   to  school. 

You  are  advised  that  under  the  compulsory  education  law  children  between 
the  ages   of   eight   (8)    and   sixteen    (16)    years   old   must   attend    school. 

The  provision  in  regard  to  children  of  six  (6)  years  of  age  and  between  six 
and  eight  has  reference  simply  to  reports,  and  the  law  does  not  make  it  compul- 
sory upon  children  under  eight  (8)  years  of  age  to  be  sent  to  school. — Smith,  1912. 

The  compulsory  education  law  does  not  apply  to  children  who  have  attained 
their  sixteenth  birthdav— Smith,  Feb.   5.   1913. 

See  sections  2796-2797,  G.  S.  1913. 

226.  Same;  duty  of  school  board— It  shall  be  the  duty  of  each  school 
board,  through  its  clerk  or  other  authorized  agent  or  employe,  to  report  the 
names  of  children  between  six  (6)  and  sixteen  (16)  years  of  age,  with  the 
excuses,  if  any,  granted  in  such  district,  to  the  principal  teacher  thereof, 
within  the  first  week  of  school,  and  any  subsequent  excuses  granted  shall 
be  forthwith  reported  in  the  same  manner.  The  principal  teacher  shall 
provide  the  teachers  in  the  several  schools  under  his  supervision  with  the 
necessary  information  for  the  respective  grade's  of  schools,  relating  to  the 
list  of  pupils  with  excuses  granted.  On  receipt  of  the  list  of  such  pupils 
of  school  age  and  the  excuses  granted,  the  principal  teacher  in  a  common, 
semi-graded  or  consolidated  rural  school  shall  report  the  names  of  children 
not  excused,  who  are  not  attending  school,  with  the  names  and  addresses 
of  their  parents,  to  the  county  superintendent  of  schools  within  five  days 
after  receiving  the  clerk's  report.  The  several  teachers  in  state  graded 
and  state  high  schools  shall  report  to  the  principal  or  to  the  city  superin- 
tendent in  like  manner.     (2980) 

227.  Same;  duty  of  county  superintendent,  principal  teacher,  etc. — 
The  county  superintendent  of  schools  shall  forthwith  notify  the  parent, 
guardian  or  person  in  charge  to  send  such  child  to  school  of  whose  un- 
excused  absence  he  has  been  informed,  and  upon  their  neglect  or  refusal 
to  comply  with  the  notification  the  county  superintendent,  shall  upon  re- 
ceipt of  information  of  such  non-compliance,  notify  the  county  attorney  of 
the  facts  in  each  case.  The  principal  of  a  graded  school,  or  the  superin- 
tendent of  a  district  maintaining  a  high  school,  or  a  city  superintendent, 
shall  proceed  in  like  manner  as  provided  in  this  section  respecting  the 
county  superintendent  of  schools. 

It  shall  be  the  duty  of  the  principal  teacher  or  other  person  in  charge 
of  any  private  school  to  make  reports  at  such  times  and  containing  such 
information  as  is  herein  required,  respecting  public  schools.  Such  reports 
shall  be  made  to  the  county  superintendent  of  schools  in  whose  county  such 
private  school  is  located,  except  where  such  private  school  is  located  in  a 
city  or  in  a  district  maintaining  a  high  school,  or  a  graded  school,  such 
reports  shall  be  made  to  the  city  superintendent  of  schools  or  to  the  super- 
intendent or  principal  of  the  high  or  grade  school. 

The  county  superintendent,  city  superintendent,  principal  of  graded 
school  or  superintendent  of  a  district  maintaining  a  high  school,  as  the  case 
may  be,  shall  upon  request  of  the  county  attorney  make  and  file  a  criminal 
complaint  against  the  person  or  persons  neglecting  or  refusing  to  comply 


70  I'M.MI'UI.SUKY  EDUCATION— CHILD   LABOR. 

with  tlif  piuNisions  of  this  act  relating  to  the  sending  of  a  child  or  childri^i 
to  school,  in  any  court  in  said  county  having  jurisdiction  ot  the  trial  of  mis- 
demeanors, and  upon  making  of  such  complaint  a  warrant  shall  be  issued 
and  proceedings  and  trial  be  had  as  pi'ovided  by  law  in  case  of  misde- 
meanors. All  prosecutions  under  this  chapter  shall  be  conducted  by  the 
county  attorney  of  the  county  wherein  the  offense  is  committed.     (2981) 

228.  Same;  parent  guilty  of  misdemeanor  for  violation — Any  person 
who  shall  refuse  or  fail  to  keei)  in  school  any  cliild  or  children  of  whom 
he  has  legal  charge  or  control,  and  who  is  required  by  law  to  attend  school, 
when  notified  so  to  do  as  hereinbefore  provided,  and  any  i)erson  who  in- 
duces or  attempts  to  indijce  any  chii'd  unlawfully  to  absent  himself  from 
.school,  or  who  knowingly  harbors  or  employs  while  school  is  in  session 
any  child  unlawfully  absent  from  school,  shall  be  guilty  of  a  misdemeanor, 
and  shall  be  punished  by  a  fine  of  not  to  exceed  fifty  (•T-'JO)  dollars,  or  by 
imprisonment  in  the  coun^ty  jail  for  not  more  than  thirty  (30)  days.     (2982) 

229.  Same;  school  officer,  etc.,  guilty  of  violation — Any  school  officer, 
truant  officer,  teacher  of  a  public  or  private  school,  graded  school  principal, 
city  sujierintendent  or  county  superintendent  of  schools  refusing,  wilfully 
failing,  or  neglecting  to  perform  any  duty  imposed  upon  him  by  the  pro- 
visions of  this  act  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  punished  for  each  offense  by  a  fine  not  to  exceed  ten  ($10)  dol- 
lars, or  by  improsonment  in  the  county  jail  not  to  exceed  ten  (10)  days. 
All  such  fines,  when  collected,  shall  be  paid  into  the  county  treasury  for 
the  benefit  of  the  school  district  in  which  such  offense  is  committed.     (2983) 

230.  Same;  duty  of  commissioner  of  labor — The  coinmissioner  of  laboi- 
and  his  assistants  shall  assist  in  the  enforcement  of  the  provisions  of 
this  act  and  shall  have  authority  to  examine  the  excuses  granted  under 
this  act,  to  make  investigation  into  the  causes  for  which  excuses  have  been 
granted,  and  to  revoke  and  cancel  any  that  may  be  found  to  be  granted 
without  proper  or  sufficient  cause.     (2984) 

231.  School  census,  state  aid  withheld  until  taken^A  complete  school 
census  shall  be  taken  in  every  school  district,  common,  independent  and 
special,  between  July  1  and  October  1,  of  all  children  between  six  (6)  and 
sijcteen  (16)  years  of  age,  which  census  shall  show  the  name  and  date  of 
birth  of  each  person  required  to  be  enumerated,  and  the  name  and  ad- 
dress of  his  parent,  guardian  or  other  person  having  charge.  The  school 
census  shall  be  taken,  by  the  clerk  or  the  school  board,  or  by  some  other 
person  or  persons  appointed  by  the  school  board.  Such  person  or  per- 
sons taking  such  census  shall  make  two  extra  copies  thereof,  shall  certify 
to  the  school  board  the  correctness  of  the  enumeration  and  the  information 
therein  contained.  The  clerk  shall  retain  the  original  in  his  office,  send 
one  copy  to  the  county  superintendent,  and  one  copy  to  the  principal 
teacher,  principal  or  city  superintendent  of  the  school  district,  before  the 
first  day  of  school  of  each  school  year,  or  as  soon  as  said  census  has  been 
taken.  The  compensation  for  taking  said  school  census  and  making  the 
extra  copies  thereof  shall  be  three  (3)  cents  for  each  pupil  enumerated, 
as  shown  by  the  census  list,  except  that  in  cities  the  school  board  shall 
fix  the  compensation  for  this  work.  The  superintendent  of  public  instruc- 
tion and  high  school  board  are  authorized  and  directed  to  withhold  the 
special  state  aid  from  any  school  district  which  shall  fail  in  any  year 
to  take  the  school  census  until  such  census  has  been  taken,  as  herein 
provided  for.      (2985) 

232.  Truant  schools — Such  boards  may  maintain  ungraded  schools  for 
the  instruction  of  children  of  the  following  classes  betwen  eight  and  ei.gh- 
teen  years  of  age: 

1.  Habitual  truants. 

2.  Those  incorrigible,  vicious  or  immoral  in  conduct. 


COMPULSORY  EDUCATION— CHILD  LABOR.  71 

3.  Those  who  habitually  wander  about  the  streets  or  other  public  places 
during  school  hours,  without  lawful  employment. 

All  such  children  shall  be  deemed  disorderly,  and  the  board  may  com- 
pel their  attendance  at  such  truant  school,  or  any  department  of  the  public 
schools,  as  the  board  may  determine.     (2987) 

233.  Commitment  to  state  training  sciiool — Whenever  the  board  de- 
termines that  the  foregoing  provisions  have  been  found  inadequate  to  securv' 
the  attendance  at  school  of  any  such  disorderly  child,  or  that  he  is  beyorcl 
proper  control  in  the  truant  or  other  school  to  which  he  has  been  assig:ned, 
it  shall  direct  the  truant  officer  to  make  complaint  to  a  court  or  magistrate 
having  jurisdiction  over  misdemeanors  in  such  district  or  city. 

Such  court  or  magistrate  shall  thereupon  issue  a  warrant  for  the  arrest 
of  such  child,  and  proceed  to  a  hearing  on  such  complaint,  and  if,  upon 
such  hearing,  tlie  court  or  magistrate  shall  decide  that  such  child  is  dis- 
orderly and  beyond  the  proper  control  of  the  schools  of  the  district,  and 
under  seventeen  years  of  age,  he  shall  sentence  him  to  the  state  training 
school;  but  in  case  of  a,  first  conviction,  the  court,  in  its  discretion,  m?y 
suspend  the  sentence.     (2988) 

234.  Truant  officers  to  report  annually  number  of  cases  of  truancy — 
The  board  of  any  district  may  appoint  and  remove  at  pleasure  truant  ot 
ficers,  who  shall  investigate  all  cases  of  truancy  or  non-attendance  at  sch'jol, 
make  complaints,  serve  notice  and  process,  and  attend  to  the  enforcement 
of  all  laws  and  school  regulations  respecting  truant,  incorrigible,  and  dis- 
orderly children  and  school  attendance.  Whenever  any  truant  officer  learns 
of  any  case  of  habitual  truancy  or  continued  non-attendance  of  any  child 
hereby  required  to  attend  school,  he  shall  immediately  notify  the  person 
having  control  of  such  child  to  forthwith  send  to  and  keep  him  in  school. 
He  may  arrest  without  warrant  and  take  to  school  any  such  child,  and 
shall  act  under  the  general  supervision  of  the  board,  or,  when  directed  by 
the  board,  under  that  of  the  city  or  district  superintendent. 

He  shall  transmit  annually  on  or  before  the  first  day  of  July,  each 
year,  to  the  state  superintendent  of  public  instruction,  a  report  of  the 
number  of  cases  of  truancy  and  non-attendance  investigated  by  him  and 
the  disposition  made  in  each  case.  Such  officer  shall  receive  a  salary, 
fixed  by  the  board  appointing  him,  but  no  fees.     (2986) 

235.  Child  labor  prohibited  during  school  terms — No  child  under  four- 
teen (14)  years  of  age  shall  be  employed,  permitted  or  suffered  to  work 
at  any  time,  in  or  in  connection  with  any  factory,  mill  or  workshin,  of 
in  any  mine;  or  in  the  construction  of  any  building,  or  about  anv  engineer- 
ing work;  it  shall  be  unlawful  for  any  person,  firm  or  corporation,  to  em- 
ploy or  exhibit  any  child  under  fourteen  (14)  years  of  age  in  any  business 
or  service  whatever,  during  any  part  of  the  term  during  which  the  public 
schools  of  the  district  in  which  the  child  resides  are  in  session,  except 
pursuant  to  consent  of  the  mayor  or  president  of  the  council  of  the  village, 
for  participation  by  children  in  theatrical  exhibitions  or  concerts,  as  pio- 
vided  in  section  10  hereof.     (3839) 

236.  Same;  children  between  fourteen  and  sixteen;  when  may  be  em- 
ployed— It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  em- 
ploy any  child  over  fourteen  years  of  age,  and  under  sixteen  years  of  age, 
in  any  business  or  service  whatever,  during  any  part  of  the  term  during 
which  the  public  schools  of  the  district  in  which  the  child  resides  are  in 
session,  unless  the  employer  procures  and  keep  accessible  to  the  truant 
officer  of  the  town  or  city  and  to  the  commissioner  of  labor,  asr-.istant  com- 
missioner of  labor,  factory  inspectors  and  assistants,  an  employment  cer- 
tificate as  herein  prescribed  and  a  list  of  all  such  children  employed.  On 
termination  of  the  employment  of  a  child,  such  certificate  shall  be  forth- 
with surrendered  by  the  employer  to  the  officiai  who  issued  the  same.    (3840) 


72  COMPULSORY  EDUCATION— CHILD  LABOR. 

237.  Same;  employment  certificates;  when  and  how  Issued— An  em- 
ployment certificate  shall  be  ispued  only  by  the  superintendent  of  schools, 
or  by  someone  authorized  by  him  so  to  do,  or,  where  there  Is  no  superin- 
tendent of  schools,  by  the  chairman  of  the  school  board  or  the  chairman 
of  the  board  of  education,  or  by  a  person  authorized  by  such  chairman; 
provided,  that  no  superintendent  of  schools,  member  of  the  school  board  or 
board  of  education  or  other  person  authorized,  as  aforesaid,  shall  have 
authority  to  issue  such  certificates  for  any  child  then  in  or  about  to  enter 
his  own  employment  or  the  employment  of  a  firm  or  corporation  of  which 
he  is  a  member,  ofTicer  or  employe.     (3841) 

238.  Same;  employment  certificate;  terms  of  issue — The  person  author- 
ized to  issue  an  employment  certificate  shall  not  issue  such  certificate 
until  he  has  received,  examined,  approved  and  retained  in  his  possession 
for  the  inspection  of  the  public,  the  following  papers  duly  executed:  (1) 
The  school  record  of  such  child,  properly  filled  out  and  signed  by  the 
principal  of  the  school  which  the  child  last  attended,  and  if  there  is  no 
principal,  then  by  the  teacher  of  such  child  in  said  school  which  shall 
be  furnished  on  demand  to  a  child  entitled  thereto.  (2)  A  duly  attested 
transcript  of  the  birth  certificate,  filed  according  to  law  with  the  officer 
charged  with  the  duty  of  recording  births  which  shall  be  conclusive  evi- 
dence of  the  birth  of  such  child.  (3)  The  affidavit  of  the  parent  or  guardian 
or  custodian  of  the  child,  showing  the  place  and  date  of  birth  of  such 
child,  but  such  aflSdavit  shall  not  be  required  unless  the  last  mentioned 
transcript  of  the  certificate  of  birth  cannot  be  produced;  which  aflBdavIt 
must  be  taken  before  the  officer  issuing  the  employment  certificate,  who 
is  hereby  authorized  and  required  to  administer  such  oath  and  shall  not 
demand  or  receive  a  fee  therefor.  Such  employment  certificate  shall  not 
be  issued  until  such  child  has  personally  appeared  before  and  been  ex- 
amined by  the  officer  issuing  the  same  and  until  such  oflScer  shall,  after 
making  an  examination,  make  and  retain  for  inspection  by  the  public,  a 
statement,  that,  in  his  opinion,  the  child  is  fourteen  years  of  age  or  up- 
wards, and  until  such  officer  shall  have  received  a  certificate  from  a  reput- 
able practicing  physician  duly  designated  for  such  purpose  by  the  school 
board  affirming  that  the  child  has  reached  the  normal  development  of  a 
child  of  its  age,  and  is  in  sound  health  and  is  physically  able  to  perform 
the  work  which  it  intends  to  do.  Every  such  employment  certificate  shall 
be  signed  in  the  presence  of  the  officer  issuing  the  same,  by  th6  child  in 
whose  name  it  is  issued,  and  shall  only  be  issued  to  children  who  have 
completed  the  studies  taught  in  the  common  schools  of  the  district  in 
which  they  reside  or,  a  parochial  or  private  school  in  which  the  curriculum 
is  equal  to  the  common  schools  of  the  district;  provided,  however,  that  no 
child  shall  be  granted  such  certificate  who  is  not  able  to  read  and  write 
simple  sentences  in  the  English  language.    (3842) 

239.  Same;  employment  certificate  to  describe  child — Such  employ- 
ment certificate  shall  state  the  date  and  place  of  birth  of  the  child,  and  de- 
scribe the  color  of  the  hair  and  eyes  and  height  and  weight  and  any  dis- 
tinguishing facial  marks  of  such  child,  and  that  the  papers  required  by  the 
preceding  section  have  been  duly  examined,  approved  and  i*etained  for  in- 
spection by  the  public  and  that  the  child  named  in  such  certificate  has 
appeared  before  the  oflBcer  signing  the  certificate  and  been  examined.    (3843) 

240.  School  officers  to  report  to  commissioner  of  labor — The  super- 
intendent of  schools  and  chairman  of  school  boards  and  of  the  boards  of 
education,  shall  transmit  between  the  first  and  tenth  day  of  each  month 
to  the  office  of  the  commissioner  of  labor  of  the  state  a  list  of  the  names 
of  the  children  to  whom  certificates  have  been  issued.  The  report  shall 
give  the  date  of  Issuing  the  certificate  and  the  date  of  expiration;  the 
age  and  sex  of  the  child;  the  name  of  the  employers  and  the  nature  of 
the  occupation  the  child  is  permitted  to  engage  In,  and  any  one  falling  to 
transmit  the  list  herein  provided  for,  shall  be  guiltv  of  a  misdemeanor. 
(3844) 


(X)MPULSORY   EDUCATION— CHILD   LABOR.  73 

241.  Hours  of  labor  of  child  under  sixteen — No  person  undei'  the  age 
of  sixteen  years  shall  be  employed,  or  suffered  or  permitted  to  work  at 
any  gainful  occuptCTion  more  than  forty-eight  hours  in  any  one  week,  nor 
more  than  eight  hours  in  any  one  day;  or  before  the  hour  of  7:00  o'clock 
in  the  morning  or  after  the  hour  of  7:00  o'clock  in  the  evening.  Every 
employer  shall  post  in  a  conspicuous  place  in  every  room  where  such 
minors  are  employed,  a  printed  notice  stating  the  hours  required  of  them 
each  day  of  the  week,  the  hours  of  commencing  and  stopping  work,  and 
the  hours  when  the  time  or  times  allowed  for  dinner  or  for  other  meals 
begin  and  end.  The  printed  form  of  such  notice  shall  be  furnished  by  the 
commissioner  of  labor  of  the  state,  and  the  employment  of  any  minor  for 
longer  time  in  any  one  day  so  stated,  or  between  the  hours  of  7:00  o'clock 
in  the  evening  and  7:00  o'clock  in  the  morning,  shall  be  deemed  a  violation 
of  this  section.     (3845) 

242.  Violations  of  law;  penalties— Whoever  employs  a  child  under  six- 
teen years  of  age,  and  whoever,  having  under  his  control  a  child  under  such 
age,  permits  such  child  to  be  employed  in  violation  of  section  1,  2,  or  7  of  this 
act,  shall,  for  such  offense,  be  fined  not  less  than  $25.00  nor  more  than  $50,00; 
and  whoever  continues  to  employ  any  child  in  violation  of  any  of  said  sec- 
tions of  this  act  after  being  notified  by  a  truant  officer  or  commissioner  of 
labor  of  the  state,  shall  for  every  day  thereafter,  that  such  employment  con- 
tinues, be  fined  not  less  than  $5.00  nor  more  than  $20.00  additional  for  each 
day  the  such  employment  continues.  A  failure  to  produce  to  a  truant  officer 
or  any  official  of  the  labor  department,  any  employment  certificate  or  list 
required  by  this  act  shall  be  prima  facie  evidence  of  the  illegal  employment 
of  any  person  whose  employrhent  certificate  is  not  pi*oduced,  or  whose  name 
is  not  so  listed.  Any  corporation  or  employer  retaining  employment  cer- 
tificates in  violation  of  section  2  of  this  act  shall  be  fined  $10.00.  Every 
person  authorized  to  sign  the  certificate  prescribed  by  section  5  of  this  act, 
who  knowingly  certifies  anv  false  statement  therein  shall  be  fined  not  more 
than  $50.00.     (3846) 

243.  Powers  of  truant  officers — Officials  of  the  labor  department  and  the 
truant  officers  may  visit  all  factories,  mills,  workshops,  mines,  mercantile 
establishment  and  all  other  places  where  labor  is  employed  and  ascertain 
whether  any  minors  are  employed  contrary  to  the  provisions  of  this  act,  and 
they  shall  report  any  case  of  such  illegal  employment  to  the  school  super- 
intendent or  to  the  chairman  of  the  school  board  or  board  of  education  and 
to  the  commissioner  of  labor  of  the  state.  Officials  of  the  labor  department 
and  truant  officers  may  require  that  the  employment  certificates  and  lists 
provided  for  in  this  act  of  minors  employed,  shall  be  produced  for  their 
inspection.  Complaints  for  offenses  under  this  act  may  be  brought  by  any 
official  of  the  state  labor  department,  and  any  one  who  shall  refuse  to  allow 
visitation  in  this  section  provided  for,  shall  be  guilty  of  a  misdemeanor. 
(3847.) 

244.  Terms  of  employment  of  children  under  16 — That  no  children 
under  the  age  of  sixteen  (16)  years  shall  be  employed  at  sewing  belts,  in 
any  capacity  whatever;  nor  shall  any  children  adjust  any  belt  to  any  ma- 
chinery; they  shall  not  oil,  or  assist  in  oiling,  wiping  or  cleaning  machinery, 
they  shall  not  operate  or  assist  in  operating  circular  or  band  saws,  wood 
shapers,  wood  jointers,  planers,  sand  paper  or  wood  polishing  machinery, 
emery  or  polishing  wheels  used  for  polishing  metal,  wood  turning  or  boring 
machinery,  stamping  machines  in  sheet  metal  and  tinware  manufactur- 
ing, stamping  machines  in  washer  and  nut  factories,  operating  corru- 
gating rolls,  such  as  are  used  in  roofing  factories,  nor  shall  they  be  em- 
ployed in  operating  any  steam  boiler,  steam  machinery,  or  other  steam  gen- 
erating apparatus,  or  as  pin  boys  in  any  bowling  alleys,  they  shall  not  op- 
erate, or  assist  in  operating  dough  grates,  or  cracker  machinery  of  any 
description;  wire  or  iron  straightening  machinery,  nor  shall  they  operate, 
or  assist  in  operating  rolling  mill  machinery,  punches  or  shears,  washing. 


74  COMPULSORY  EDUCATION— CHILD   LABOR. 

grinding  or  mixing  mill  or  calendar  rolls  in  rubber  manufacturing;  nor 
shall  they  operate,  or  assist  in  operating  laundry  machinery;  nor  shall  they 
be  employed  in  any  capacity  in  preparing  any  composition  in  which  dan- 
gerous or  poisonous  acids  are  used,  and  they  shall  not  be  employed  in  any 
capacity  in  the  manufacturing  of  paints,  colors  or  white  lead;  nor  shall  they 
be  employed  in  any  capacity  whatever  in  operating,  or  assisting  to  operate 
any  passenger  or  freight  elevators;  nor  shall  they  be  employed  in  any  cap- 
acity whatever  in  the  manufacture  of  goods  for  immoral  purposes,  or  in 
any  other  employment  dangerous  to  their  lives,  or  their  health  or  morals; 
nor  in  any  theater,  concert  hall,  saloon,  or  place  of  amuseinent.  Provided 
that  this  section  shall  not  apply  to  the  employment  of  any  child  as  a  singer 
or  musician  in  a' church,  school  or  academy,  or  in  teaching  or  learning  the 
science  or  practice  of  music;  or  as  a  musician  in  any  concert,  or  in  a 
theatrical  exhibition  with  the  w'ritten  consent  of  the  mayor  of  the  city,  or 
the  president  of  the  council  of  the  village,  where  such  concert  or  exhibition 
takes  place.  Such  consent  shall  not  be  given  at  any  time  for  any  child,  local 
or  transient,  under  ten  years  of  age,  nor  in  any  case  unless  written  appli- 
cation be  made  to  the  oflicer  empowered  to  give  such  consent  at  least 
seventy-two  (72)  hours  previous  to  any  performance  for  which  such  consent 
may  be  given.  Such  application  and  the  consent  based  thereon  shall  specify 
the  name  of  the  child,  its  age,  and  the  names  and  residence  of  its  parents 
and  guardians,  the  nature,  kind,  duration  and  number  of  performances  de- 
sired or  permitted,  together  with  the  places  and  character  of  the  exhibition. 
The  mayor  of  the  city,  or  president  of  the  council  of  the  village,  may  grant 
such  consent,  and  shall  at  least  forty-eight  (48)  hours  before  the  first  per- 
formance or  exhibit  forward  to  the  commissioner  of  labor  and  to  the  sec- 
retary of  the  Minnesota  child  labor  committeee,  a  notice  of  said  application 
and  consent;  and  if  it  shall  appear  to  such  commissioner  or  secretary,  or 
assistants,  that  such  conscent  is  in  violation  of  any  existing  law,  or  that  the 
character  of  the  performance  is  such  as  to  be  dangerous  to  the  life,  or  limb, 
or  injurious  to  the  health  or  morals  of  such  child,  then  the  commissioner  of 
labor  shall  have  power  to  suspend  the  operation  of  such  consent  pending  in- 
vestigation, and  shall  have  power  upon  such  investigation  to  revoke  such 
consent.  The  applicant  shall  be  promptly  notified  of  any  suspension  or 
revocation  of  a  permit,  and  of  the  time  and  place  of  any  proposed  investiga- 
tion, and  shall  have  the  right  to  appear  at  such  investigation  and  be  heard. 
If  a  permit  be  revoked  for  any  reason  other  than  the  unsuitableness  of  the 
proposed  placee,  the  child  for  wohm  said  permit  is  requested  shall  not  be 
permitted  to  appear  in  the  proposed  exhibition  at  any  point  within  this 
state  for  a  period  of  one  year  thereafter;  and  the  fact  that  a  permit  may  be 
thereafter  granted  by  a  mayor  or  president  of  the  council  for  such  child 
to  appear  in  such  exhibition  shall  not  be  a  bar  to  a  prosecution  for  violation 
of  this  act.  But  no  such  consent  shall  be  construed  to  authorize  any  viola- 
tion of  paragraphs  one,  three  and  four  of  section  4939,  Revised  Laws  of 
1905;  nor  shall  females  under  sixteen  (IG)  years  of  age  be  employed  in  any 
capacity  where  such  employment  compels  them  to  remain  standing  con- 
stantly. Provided,  that  in  any  action  brought  against  an  employer  of  any 
child  under  sixteen  (16)  years  of  age  on  account  of  injuries  sustained  oy 
the  child  while  so  employed,  if  the  employer  shall  have  obtainea.  and  kept 
on  file  in  like  manner  as  herein  provided  for  employment  certificates,  an 
affidavit  of  the  parent  or  guardian,  stating  in  substance  that  the  child  is  rot 
less  than  sixteen  (16)  years  of  age,  such  employment  shall  not  be  deemed 
a  violation  of  this  act.  Any  person  employing  any  child  in  violation  of  the 
provisions  of  this  section  shall  be  guilty  of  a  misdemeanor.  (3848.) 

245.  Boys  under  18  not  to  be  employed  in  certain  occupations — No  boy 
under  the  age  of  18  years  shall  be  employed  or  permitted  to  work  as  a 
messenger  for  a  telegraph  or  messenger  company  in  the  distribution,  trans- 
mission or  dlivery  of  goods  or  messages  before  5  o'clock  in  the  morning  ov 
after  9  o'clock  in  the  evening  of  any  day;  and  no  girl  under  the  age  21  years 
shall  be  thus  employed  at  any  time.    Any  person  employing  any  child  in 


SCHOOL  ADMINISTRATION.  7!=) 

violation  of  the  provisions  of  this  section  shall  be  guilt v  of  a  misdemeanor. 
(3849.) 

246.  Physician's  certificate  of  fitness — In  case  any  child  appears  to  be 
unable  to  perform  the  labor  at  which  he  or  she  is  employed,  the  ofTicial.s  of 
the  labor  depai-tment  or  truant  officers,  shall  require  the  employer  of  such 
child  to  procure  a  certificate  from  a  reputable  practicing  physician  duly 
designated  for  such  purpose  by  the  school  board,  affirming  the  physical  irt- 
ness  of  the  child  for  such  work,  and  a  child  as  to  whom  such  certificate  can 
not  be  obtained  shall  jiot  be  employed.  Any  person  refusing  to  produce  the 
certificate  herein  required  upon  demand,  or  who  shall  employ  a  child  when 
a  certificate  has  been  procured  stating  that  such  child  is  physically  unable 
to  work,  shall  be  guilty  of  a  misdemeanor.  (3850.) 

CHAPTER  XII. 

SCHOOL  ADMINISTRATION. 
Part  I. 

SUPERINTENDENT    OP    EDUCATION. 

247.  Superintendent  of  education,  etc. — The  general  supervision  of 
public  schools  is  vested  in  a  state  superintendent  to  be  known  as  the  super- 
intendent of  education,  and  in  the  various  county,  city  and  district  superin- 
tendents, the  state  high  school  board  and  its  inspectors.     (2869) 

248.  Same;  appointment,  assistants,  clerks,  office,  etc. — A  superin- 
tendent of  education  shall  be  appointed  by  the  governor,  by  and  with  the 
advice  and  consent  of  the  senate.  The  first  superintendent  so  appointed 
shall  serve  until  January  20,  1915,  and  subsequent  appointees  shall  hold  for 
a  term  of  four  years  and  until  this  successors  are  appointed  and  qualified. 
Vacancies  in  said  office  shall  be  filled  by  like  appointment  for  the  remainder 
of  the  term.  He  shall  have  an  office  in  the  capitol,  where  he  shall  file  and 
keep  all  papers,  reports  and  public  documents  made  or  sent  to  him,  and 
a  record  of  all  his  official  business.  He  shall  appoint  a  deputy  who  shall 
perform  his  duties  when  absent  or  disabled,  and  three  other  assistants,  a 
rural  school  commissioner  and  supervisor  of  school  libraries,  each  of  whom 
shall  perform  such  duties  as  the  superintendent  may  require.  He  may  em- 
ploy other  necessary  assistants  and  clerks  and  fix  their  compensation  not 
to  exceed  moneys  appropriated  therefor.     (2870) 

249.  Same;  contingent  fund,  expenses  of — The  superintendent  and  other 
persons  appointed  by  him  shall  receive  their  necessary  expenses  for  travel- 
ing and  other  incidental  expenses  incurred  in  connection  with  their  official 
duties,  to  be  paid  from  the  contingent  fund  or  from  other  appropriations 
made  for  such  purposes.     (2871) 

250.  Same;  powers,  duties,  reports,  etc. — Besides  exercising  general 
supervision  over  public  schools  and  public  education  agencies  in  the  state, 
the  superintendent  of  education  shall  prescribe  rules  for  the  several  classes 
of  public  schools  receiving  special  state  aid.  He  shall  classify  and  stand- 
ardize rural  and  other  public  schools  and  prepare  for  them  outlines  and  sug- 
gestive courses  of  study.  He  shall,  under  the  laws  prescribed  therefor,  issue 
all  certificates  to  those  employed  as  teachers  and  supervisors  in  public 
schools. 

For  the  purpose  of  considering  matters  affecting  the  interests  of  public 
education,  he  shall,  upon  notice,  meet  the  several  county  and  city  supe-- 
intendents  and  school  principals  at  such  times  and  places  in  the  state  as 
he  shall  deem  most  convenient  and  beneficial.  On  or  before  December  1 
of  each  even-numbered  year,  he  shall  prepare  and  submit  to  the  legislature, 
through  the  governor,  a  report  containing: 

1.  An  abstract  of  the  reports  of  the  several  county  superintendents 
showing  such  facts  and  giving  such  information  as  the  said  sui>erintendent 


76  SCHOOL   ADMINISTRATION. 

may  require   relative  to  public  schools,  Including  enrollment,   attendance, 
and  classification  of  pupils  in  public  schools. 

2.  A  statement  of  the  condition  of  public  schools  and  of  public  and 
other  institutions  of  learning  reporting  to  him. 

3.  The  amount  of  moneys  received  and  expended  each  year  for  public 
schools  and  public  education,  specifying  the  amount  received  from  each 
source  and  the  amount  expended  for  each  purpose. 

4.  The  number,  kind,  and  name  of  public  schools  of  each  class  re- 
ceiving state  aid,  and  the  estimated  amount  of  aid  for  the  ensuing  two 
years,  together  with  such  facts  relating  to  these  schools  as  will  show  their 
progress  and  work.     (2872) 

251.  Same;  to  prepare  uniform  system  of  records  and  accounting — The 
superintendent  of  education  shall  prepare  a  uniform  system  of  records  for 
public  schools,  require  reports  from  county  and  other  superintendents  and 
principals  of  schools,  teachers,  school  officers,  and  the  chief  officers  of 
public  and  other  educational  institutions,  to  give  such  facts  as  he  may  deem 
of  public  value.  He  shall  establish  and  carry  into  effect  a  uniform  system 
of  accounting  by  public  school  officers,  and  he  shall  have  authority  to  super- 
vise and  examine  the  accounts  and  other  records  of  all  public  schools. 
(2873) 

252.  Same;  to  prescribe  rules  and  examine  plans  for  buildings — He 
shall  prescribe  rules  and  examine  all  plans  and  specifications  for  the  erec- 
tion, enlargement  and  change  of  school  buildings,  which  plans  and  specifica- 
tions shall  first  be  submitted  to  him  for  approval  before  contract  is  let,  and 
no  new  school  building  shall  be  erected  or  any  building  enlarged  or  changed 
until  the  plans  and  specifications  have  been  submitted  to  and  have  been  ap- 
proved by  the  superintendent  of  education.  He  shall  include  in  such  rules 
those  made  from  time  to  time  by  the  state  board  of  health,  relative  to  san- 
itary standards  for  toilets,  water  supply  and  disposal  of  sewage  in  public 
school  buildings.  In  all  other  respects  the  authority  to  make  rules  for 
public  school  buildings  shall  be  vested  in  the  superintendent  of  education. 
Under  such  rules  and  procedure  as  the  superintendent  or  the  high  school 
board  shall  prescribe,  he  may  condemn  school  buildings  and  sites  which  are 
unfit  or  unsafe  for  use  as  such.     (2874) 

253.  Same;  office  of  superintendent  of  public  instruction  abolished — 
Upon  the  appointment  confirmation  and  qualification  of  the  superintendent 
of  education,  herein  provided  for  the  office  of  superintendent  of  public  in- 
struction shall  be  abolished  and  shall  cease  and  terminate  and  all  duties 
and  powers  prescribed  by  law  for  the  superintendent  of  public  instruction, 
and  not  inconsistent  with  this  act,  shall  be  vested  in  and  performed  by 
the  superintendent  of  education.     (2875) 

254.  Sections  repealed— Section  1373,  1374,  1375,  1376,  and  1377,  Re- 
vised Laws  of  1905,  and  all  other  acts  and  parts  of  acts  Inconsistent  with 
this  act,  are  hereby  repealed.      (2876) 

255.  Same;  to  prepare  registers,  blanks  and  record  books — He  shall 
prepare  and  distribute,  through  the  county  superintendents,  school  registers, 
blanks  for  all  reports  required  by  this  title,  record  books  for  district  treas- 
urers and  clerks,  and  any  other  blanks  necessary  for  school  business.    (2877) 

256.  Same;  to  proclaim  annual  "Minnesota  Day" — There  shall  be  desig- 
nated annually  by  proclamation,  by  the  superintendent  of  public  instruc- 
tion of  this  state,  by  and  with  the  consent  of  the  governor,  a  day  between 
October  1st  and  Mav  st  to  be  designated  and  known  ae  "Minnesota  Day." 
f2806) 

257.  Same;  observance  of  "Minnesota  Day" — On  that  day  all  the  public 
schools  of  this  state  shall  give  special  attention  to  exercises  devoted  to  mat- 


SCHOOL,  ADMINISTRATION.  77 

ters  of  interest  appertaining  to  the  State  of  Minnesota  and  its  geography, 
history  industries  and  resources.     (2807) 

Part  II. 

258.  County  superintendent;  election  of — In  every  county  in  this  state 
there  shall  be  elected  at  the  general  election  in  1914,  and  not  before  a 
*     *     *     county  superintendent  of  schools.     (809-1009) 

259.  Same;  term  of  office — The  terms  of  office  of  the  said  county 
officers  shall  be  four  years  and  until  their  successors  are  elected  and  quali- 
fied and  shall  begin  on  the  first  Monday  in  January  next  succeeding  said 
election;  and  said  offices  shall  be  filled  by  election  every  four  years  there- 
after.    (810-1009) 

260.  Same;  how  removed  from  office — The  governor  may  remove  from 
office  any  clerk  of  the  supreme  or  a  district  court  judge  of  probate,  judge 
of  any  municipal  court,  justice  of  the  peace,  court  commissioner,  sheriff, 
coroner,  auditor,  register  of  deeds,  county  attorney,  county  superintendent 
of  schools,  county  commissioner,  county  treasurer,  or  any  collector,  receiver, 
or  custodian  of  public  moneys,  whenever  it  appears  to  him,  by  competent  evi- 
dence, that  either  has  been  guilty  of  malfeasance  or  nonfeasance  in  the 
performance  of  his  official  duties;  first  giving  to  such  officer  a  copy  of  the 
charges  against  him,  and  an  opportunity  to  be  heard  in  his  defense.     (5724) 

261.  Same;  to  turn  over  records  at  end  of  term — Every  county  super- 
intendent on  retiring  from  office  shall  deliver  to  the  auditor  of  his  county, 
for  his  successor,  the  records  of  his  office,  a  list  of  the  clerks  of  all  school 
districts  of  the  county,  with  their  postoffice  addresses,  and  of  all  persons 
under  contract  to  teach  in  the  common  schools,  together  with  all  blanks, 
registers,  copies  of  laws,  and  other  state  or  county  property  in  his  posses- 
sion; and  no  auditor  shall  make  full  payment  of  salary  to  any  such  county 
superintendent  until  he  has  complied  with  the  requirements  of  this  section. 
(1014) 

262.  Same;  duties  and  powers  of — In  addition  to  their  other  duties,  coun- 
ty superintendents  shall  visit  and  instruct  each  school  in  their  counties  at 
least  once  in  each  term,  except  those  under  the  immediate  charge  of  a  city 
or  district  superintendent,  and  instruct  its  teachers;  organize  and  conduct 
such  teachers'  institutes  as  they  shall  deem  expedient;  encourage  teachers' 
associations;  advise  teachers  and  school  boards  in  regard  to  the  best  meth- 
ods of  instruction,  the  most  approved  plans  for  building,  improving,  and 
ventilating  school  houses,  or  ornamenting  school  grounds,  and  of  adapting 
them  to  the  convenience  and  healthful  exercise  of  the  pupils;  stimulate 
school  officers  to  the  prompt  and  proper  discharge  of  their  duties;  receive 
and  file  all  reports  required  to  be  made  to  them;  and  make  a  report  to  the 
state  superintendent,  containing  an  abstract  of  such  reports,  a  written 
statement  of  the  condition  and  prospects  of  the  schools  under  their  charge, 
and  such  other  matters  as  they  may  deem  proper,  or  as  may  be  called  for 
by  the  state  superintendent.     (2878) 

"Can  a  regiilarly  employed  teacher  In  a  common  school  also  hold  the  office 
of  county  superintendent  of  schools?"  While  such  double  employment  might 
possibly  be  justified  in  exceptional  cases,  It  Is  not  within  the  contemplation  of 
law.— Childs,  October  8,  1892. 

The  board  of  county  commissioners  may  allow  such  compensation  to  the  ap- 
pointees of  the  county  superintendent  as  It  may  deem  Ju.st  and  reasonable,  and 
direct   the  payment  thereof  out  of  the  county  treasury. — Childs,    February   6,    1896. 

I  am  of  the  opinion  that  the  creation  of  new  districts  inures  to  the  advantage 
of  the  superintendent.  •  *  •  It  may  be  queslloned,  however,  whether  the 
superintendent  would  be  entitled,  in  case  of  the  creation  of  a  new  district,  to 
more  than  such  proportionate  part  of  ten  dollars  as  the  time  elapsing  after  the 
commencement  of  a  school  therein  bears  to  the  whole  year. — Childs,  January  14, 
1895. 

The  printing  Is  left  to  the  discretion  of  the  county  superintendent,  whether 
as  to  the  nature  tliereof  or  the  paper  wherein  notices  are  publishd,  and  the 
printer  by  whom   the  work  Is  performed. — Childs,   .Tanunry   16,   189S 


78  SCHOOL   ADMINISTRATION. 

263.  Same;  may  call  meetings  of  district  officers — The  county  super- 
intendent may  call  meetings  of  the  district  oflirers  of  his  county  at  such 
times  and  places  as  may  be  convenient,  to  remain  in  session  for  one  day,  for 
consultation  and  advice  in  regard  to  school  statistics,  methods  of  organiza- 
tion of  schools,  and  other  matters  relating  to  the  educational  interests  of  the 
public  schools.     (2879) 

26-1.  Same;  to  keep  records  of  examination  of  teachers — The  county 
superintendent  shall  keep  in  books  provided  by  the  county  a  record  of  ex- 
aminations of  candidates  to  whom  certificates  are  granted  or  refused,  of 
the  date  of  examination,  the  name,  sex  and  age  of  each  candidate,  the  grade 
of  certificate  granted  and  the  grounds  on  which  any  certificate  is  refused, 
and  a  like  record  of  all  certificates  of  those  teaching  in  his  county,  and  of 
such  other  matters  as  may  be  prescribed  by  the  state  superintendent.     (2880) 

265.  Same;  to  keep  records  of  teachers'  certificates  and  diplomas — 
County  superintendents  of  schools  shall  record  in  their  office,  in  a  book 
provided  by  the  boara  of  county  commissioners  for  such  purpose,  all  ma- 
terial facts  concerning  teachers'  certificates  and  diplomas  presented  for 
that  purpose,  and  shall  certify  to  the  holder  of  such  certificates  or  diploma 
that  such  record  has  been  made.     (2831) 

It  is  the  duty  of  the  county  superintendent  to  keep  a  record  of  re-examina- 
tions and  revocations  of  teachers'  licenses;  and  such  record  is  the  best  and  proper 
evidence  of  revocation. — 32  M.  476. 

266.  Same;  to  forward  to  teachers  and  clerks,  blanks,  circulars,  etc. — 
He  shall  forward  to  teachers  and  clerks  all  blanks  and  circulars  fur- 
nished him  for  their  use,  and  shall  be  guided  generally  by  the  rules  pre- 
scribed by  the  state  superintendent  and  the  high  school  board.     (2881) 

267.  Same;  to  report  to  superintendent  of  education— He  shall  report 
to  the  state  superintendent,  on  or  before  September  20  of  each  year,  the 
number  of  different  pupils  of  school  age  enrolled  in  the  schools  of  each  dis- 
trict; taking  care  that  no  pupil  is  counted  more  than  once,  and  that  no  one 
not  entitled  to  apportionment  is  included.  This  report  shall  include  tabulated 
extracts  from  the  reports  of  the  teachers  and  clerks,  and  such  other  matters 
as  may  be  called  for  in  the  blanks.     (2882) 

268.  Same;  to  report  to  county  auditor — He  shall  in  like  manner,  on 
or  before  the  last  Wednesday  in  October,  file  with  the  county  auditor  an  ab- 
stract of  the  number  of  pupils  of  school  age  enrolled  in  the  schools  of  each 
district,  and  entitled  to  be  counted  for  appropriation  (apportionment)  from 
the  current  school  fund,  and  of  months  school  taught  in  each  school  during 
such  school  year.     (2883) 

269.  Same;  failure  to  report — No  warrant  shall  be  drawn  for  the  pay- 
ment of  the  salary  of  the  county  superintendent  for  the  month  of  October  of 
any  year  unless  such  report  to  the  auditor  shall  have  been  filed,  and  proof 
made  of  the  filing  of  such  superintendent's  report  to  the  state  superintendent. 
(2884) 

270.  Same;  to  appoint  deputy  in  certain  cases — Any  superintendent 
physically  unable  to  visit  his  schools  or  conduct  teachers'  examinations  in 
proper  time  may  appoint  a  deputy  superintendent  for  not  more  than  sixty 
days  in  any  year,  to  be  paid  by  such  county  superintendent.     (2885) 

271.  Same;  to  hold  teachers'  institutes — The  county  superintendent  may 
hold  county  institutes  for  teachers  in  different  parts  of  the  county  not  to 
exceed  two  (2)  days  for  each  such  institute  in  any  one  (1)  year;  or  he  may 
hold  one  annual  institute  not  to  exceed  five  days,  and  require  the  attend- 
ance of  all  persons  teaching  in  the  county  schools  except  those  in  high 
graded  schools  at  any  of  such  institutes.  'Teachers  who  have  been  in  reg- 
ular attendance  during  the  entire  time  of  such  institute  designated  by  the 
county  superintendent  shall  receive  from  him  a   certificate  of  attendance 


SCHOOL   ADMINISTRATION.  7iJ 

which  shall  entitle  such  teacher  to  full  pay  for  the  time  her  school  has  been 
closed  on  account  of  attendance  at  such  institute,  and  the  county  commis- 
sioners shall  allow  bills  for  personal  expenses  for  the  county  superintendent 
in  holding  institutes  not  to  exceed  the  sum  of  fifty  ($50.00)  dollars  in  anv 
one  (1)  year.     (1020) 

A  county  superintendent  is  entitled  to  his  personal  expenses  incurred  in  at- 
tending a  teachers'  training  school,  under  the  provisions  of  chapter  ls:J,  Laws 
1905;  but  such  expenses  should  be  limited  to  conveyance  to  and  from  place  of 
meeting  and  board  and  lodging  while  in  attendance.  —  i'oung,   page  lt»8 

A  county  superintendent  is  entitled  to  be  reimbursea  for  his  expenses,  in- 
cluding conveyance,  hotel  and  lodging,  while  attending  teachers'  training  school, 
under  chapter  182,   Laws  1905.     Young,  July,   1906. 

272.  Same;  traveling  expenses;  audit  of — The  county  board  of  each 
county  of  the  state  of  Minnesota  shall  audit  and  if  found  correct  allow  duly 
itemized  and  verified  claims  of  the  county  superintendent  of  schools  lor 
actual  and  necessary  traveling  expenses,  incurred  and  paid  by  him  or  his 
assistant  in  the  conduct  of  his  official  duties  as  county  superintendent  of 
schools.     (1016) 

The  county  superintendent  and  his  assistants  are  entitled  to  actual  and  nec- 
essary expenses  while  engaged  in  the  discharge  of  their  duties  under  sections 
1348,  1349,  1376,  1379  and  13S0,  R.  L.  These  expenses  Include  hotel,  livery,  keep- 
ing of  teams,  railway  fare,  etc.,  while  in  attendance  at  teachers'  meetings,  in- 
stitutes, training  schools,  meetings  of  school  officers,  at  places  other  than  where 
they  live,  and  while  attending  meetings  called  by  the  stale  superintendent;  but 
are  not  entitled  to  expenses  of  keeping  their  own  teams  at  home  while  not  en- 
gaged in  official  business.  All  such  expenses  are  to  be  paid  in  addition  to  salary. 
—Young,   May,   1907. 

Chapter  33  of  the  Laws  of  1907  repeals  all  legislation,  general  or  special,  as 
to  the  allowance  of  traveling  expenses  of  county  superintendents,  and  therefore 
section  1  of  chapter  1S2  of  the  Laws  of  1905,  is  expressly  repealed. — Young,  Sep- 
tember 23,   1907. 

273.  Same;  salaries  of — Salaries  of  county  superintendents,  except  as 
hereafter  provided  shall  be  fixed  by  the  county  board,  and  shall  not  be  less 
than  a  sum  equal  to  fifteen  dollars  (|15.00)  or  twelve  dollars  and  fifty  cents 
($12.50)  as  herein  provided  for  each  organized  public  school  in  the  county,  to 
be  reckoned  pro-rata  for  the  year  from  the  time  when  a  new  school,  organized 
in  any  district,  begins.  It  shall  be  fixed  at  not  less  than  fifteen  dollars 
($15.00)  for  each  public  school  in  the  county,  until  the  salary,  reckoned  on 
that  basis,  reaches  one  thousand  dollars  ($1,000),  and  in  counties  where 
the  salary,  reckoned  at  fifteen  dollars  ($15.00)  per  school,  shall  exceed  one- 
thousand  dollars  ($1,000)  it  shall  be  reckoned  on  the  basis  of  not  less  than 
twelve  dollars  and  fifty  cents  ($12.50)  for  each  public  school  in  the  county, 
until  the  salary  reaches  two  thousand  dollars  ($2,000)  but  in  no  county  shall 
the  salary,  reckoned  on  the  basis  of  twelve  dollars  and  fifty  cents  ($12.50)  fur 
each  school,  be  less  than  one  thousand  dollars  ($1,000).  Provided,  that  when 
one  or  more  school  districts  are  hereafter  discontinued  in  any  counly  as  a 
result  of  consolidation,  or  when  school  in  any  school-building  is  or  has  been 
discontinued  as  a  result  of  consolidation  and  the  children  usually  attendant 
thereat  are  transported  to  another  school  in  the  same  or  adjoining  district 
by  the  school  authorities,  then  hereafter  the  salary  of  the  county  superin- 
tendent shall  be  reckoned  and  an  assistant  or  assistant  superintendent,  if 
any,  shall  be  appointed  on  the  basis  of  the  number  of  schools  before  such 
consolidation,  or  discontinuance,  was  made.  In  any  county,  except  as  other- 
wise provided  in  this  act,  the  salary  of  the  county  superintendent  mav  be 
fixed  by  the  county  board  at  such  sum  higher  than  two  thousand  dollars 
($2,000)  as  the  county  board  shall  determine. 

The  provisions  of  this  section  shall  apply  to  all  counties  in  this  state 
excepting  (1)  those  having  a  population  of  one  hundred  and  fifty  thousand 
or  more,  in  which  the  salary  of  the  county  superintendent  and  the  appoint- 
ment and  salary  of  his  assistant  shall  remain  as  now  fixed  by  law  referring 
to  such  counties,  and  (2)  other  counties  where  the  salary  of  county  superin- 
tendent is  now  fixed  by  special  law  in  which  last-named  counties  the  salar\ 
of  the  county  superintendent  shall  be  fixed  by  such  special  law,  but  all 
other  provisions  of  this  act  shall  apply  to  such  last-named  counties. 


80  SCHOOL   ADMINISTRATION. 

The  term  "school"  as  used  In  this  act  shall  be  understood  to  mean  a 
school  building  In  which  a  public  school  is  held.     (Sec.  1,  c.  141,  Laws  1915.) 

274.  Same;  payment  of  postage,  stationery,  etc. — The  county  board 
of  each  county  shall  pay  itemized  and  verified  bills  for  postage  used  in  offi- 
cial correspondence  and  in  forwarding  oflicial  documents,  express,  telegraph 
and  telephone  charges  in  official  business,  necessary  bills  for  printing  no- 
tices, circulars,  lists  of  questions,  annual  and  term  reports  required  in  the 
proper  grading  of  schools,  or  such  reports  and  classification  records  as  may 
be  required  by  the  state  superintendent,  together  with  necessary  stationery 
in  the  examination  of  teachers  and  pupils  and  for  official  correspondence, 
also  the  local  expenses  in  connection  with  teachers'  institutes  and  training 
schools  and  for  conducting  teachers'  examinations.     (1011) 

275.  Same;  assistants  of,  and  salaries — In  counties  containing  not  less 
than  seventy-five  nor  more  than  one  hundred  and  twenty-four  schools,  the 
county  superintendent  is  authorized  to  appoint  an  assistant  superintendent, 
to  be  paid  by  the  county  at  the  rate  of  three  dollars  a  day  and  necessary 
traveling  expenses  for  each  day  of  actual  service,  such  service  to  be  lim- 
ited to  forty  days  in  each  year  and  one  day  additional  for  each  school  above 
seventy-five  and  up  to  one  hundred  and  twenty-four  schools.  In  counties 
having  one  hundred  and  twenty-five  schools,  but  less  than  two  hundred  and 
forty,  the  county  superintendent  shall  appoint  one  assistant,  and  in  coun- 
ties having  two  hundred  and  forty  schools  or  more,  he  shall  appoint  two 
assistants,  and  the  assistant  or  assistants  shall  give  their  entire  time  to 
their  duties  as  such  assistant  superintendents,  and  shall  serve  during  the 
pleasure  of  the  superintendent.  The  salaries  of  assistants  appointed  to 
serve  for  full  time  shall  be  fixed  by  the  county  board  at  not  less  than  six 
hundred  dollars  ($600)  nor  more  than  fifteen  hundred  dollars  ($1,500)  per 
annum.  Assistants  so  appointed  to  serve  for  full  time  shall  have  had  at 
least  eighteen  months'  experience  in  public  schools,  and  be  the  holders  of 
teachers'  certificates  equivalent  to  diplomas  from  a  Minnesota  normal 
school,  except  that  in  counties  having  two  assistants  it  shall  be  sufficient  if 
one  of  them  possesses  the  teaching  experience  and  the  certificate  herein 
referred  to.  Any  assistant,  at  the  time  of  his  appointment,  may  or  may  not 
be  a  resident  of  the  county  for  which  he  is  appointed.  In  each  case  the 
assistant  county  superintendent  shall  assist  the  superintendent  in  the  per- 
formance of  his  general  duties,  as  directed,  and  report  to  him.     (1012) 

Part  III. 

HIGH   SCHOOL,  BOARD. 

276.  Composition — The  state  superintendent,  the  president  of  the  state 
university,  and  the  president  of  the  board  of  normal  school  directors,  ex- 
officio,  and  the  superintendent  or  principal  of  a  high  school,  and  one  other 
person  appointed  by  the  governor  and  confirmed  by  the  senate,  shall  consti- 
tute the  high  school  board.  They  shall  be  entitled  to  their  actual  neces- 
sary expenses,  but  no  compensation.     (2888) 

277.  Same;  powers  and*~clulies — The  board  shall  establish  rules  relat- 
ing to  examinations,  reports,  acceptances  of  schools,  and  courses  of  study, 
and  other  proceedings  in  connection  with  high  and  graded  schools  applying 
for  special  state  aid,  and  shall  prescribe  and  enforce  the  maintenance  of  an 
optional  English  or  business  course,  as  equivalent  to  the  preparatory  col- 
legiate course;  but  the  school  board  of  any  district  may  substitute  any 
proper  studies  in  place  of  any  studies  embraced  in  such  course.  Provided, 
that  the  privileges  of  the  state  high  school  board  examinations  shall  be  ex- 
tended, under  the  supervision  of  the  board,  to  the  private  schools  and 
academies  in  this  state  which  make  application  therefor,  and  the  courses  of 
study  and  requirements  for  graduation  of  which  correspond  in  general  to 
that  of  state  high  schools,  and  which  said  private  schools  and  academies  so 
desiring  such  privilege  shall  submit  to  the  same  rules  and  inspection  with 
respect  to  these  examinations  as  may  be  provided  for  state  high  schools. 
(2889) 


SCHOOL   ADMINISTRATION.  81 

278.  Same;  records  and  reports — It  shall  keep  a  record  of  all  Its  pro- 
ceedings, and  on  or  before  September  1  shall  make  a  report  to  the  state 
puperintendent  covering  the  previous  year,  and  showing  in  detail: 

1.  All  receipts  and  disbursements,  with  the  source  and  nature  thereof. 

2.  The  names  and  number  of  schools  of  each  grade  receiving  aid,  ond 
the  number  of  pupils  attending  each  class  therein. 

To  such  report  it  may  add  such  recommendations  as  It  may  deem  best. 
(2890) 

279.  Same;  to  appoint  school  inspectors  and  examiners — It  shall  ap- 
point a  high  school  and  a  graded  school  inspector,  and  such  assistant  in- 
spectors and  examiners  as  may  be  necessary,  and  fix  their  compensation; 
but  no  person  receiving  a  salary  from  a  state  institution  shall  receive  any 
compensation  under  this  section,  and  the  pay  of  examiners  shall  not  exceed 
three  dollars  per  day,  or  fifty  cents  per  hour.     (2891) 

280.  Duties  of  inspectors  and  assistants— The  high  school  inspector  or 
an  assistant  shall  visit  and  examine  each  high  school  at  least  once  in  each 
year,  and  carefully  inspect  its  instruction  and  discipline,  and  immediately 
make  a  written  report  thereon.  The  graded  school  inspector  and  his  assist- 
ants shall  perform  like  duties  in  respect  of  graded  schools.     (2892) 

281.  When  county  superintendents  may  make  inspection — Upon  written 
application,  such  board  shall  empower  any  county  superintendent  to  make 
like  examinations  of  schools  in  his  county  other  than  high  and  graded.  He 
shall  hold  the  same  relation  to  the  board  as  the  principal  or  superintendent 
of  schools  under  its  supervision,  and  shall  establish  a  regular  and  orderly 
course  of  study,  meeting  the  requirements  of  such  examinations  and  tests. 
Such  course  shall  include  all  the  branches  required  for  a  second  grade  cer- 
tificate, and  such  others  as  may  be  taught  in  the  schools  under  his  super- 
vision.    (2893) 

282.  Assistants  for  high  school  board  examination — He  may  appoint 
assistants,  not  to  exceed  one  for  each  township,  and  shall  designate  the 
points  at  which  such  examinations  are  to  be  held,  not  to  exceed  one  for  each 
township.  The  assistants  shall  report  the  result  of  the  examinations  to 
him,  and  he  shall  in  like  manner  report  to  the  board.  Such  assistants  shall 
be  paid  by  the  county  at  the  rate  of  three  dollars  per  day  for  the  time  neces- 
sarily occupied  in  such  examinations.     (2894) 

283.  Investment  of  state  school  funds — There  are  hereby  annually  ap- 
propriated for  the  purpose  of  investment  all  moneys  received  into  the  state 
treasury  to  the  credit  of  the  permanent  school  fund,  permanent  university 
fund,  internal  improvement  land  fund,  and  all  other  funds  required  to  be 
invested  in  securities,  or  which  may  be  loaned  as  provided  by  law.     (5246) 

284.  Same;  expenses  of — There  are  hereby  annually  appropriated  such 
sums  as  shall  be  found  necessary  for  the  incidental  expenses  of  purchase, 
including  the  payment  of  interest  accrued  at  the  time  of  purchase,  of  bonds 
for  the  permanent  school  and  university  funds,  payable  from  the  current  or 
general  school  and  university  funds,  respectively,  and  for  like  expenses  of 
the  purchase  of  bonds  for  the  other  permanent  funds  referred  to  in  section 
2436,  payable  from  the  respective  cui-rent  or  general  funds.     (5247) 

285.  Powers  of  state  board  of  health  and  school  boards — As  to  the 
power  of  the  state  board  of  health  as  to  the  construction  and  equipment  of 
schools  in  respect  to  sanitary  conditions;  the  furnishing  of  vaccine  matter; 
the  assembling  during  epidemics  of  smallpox  with  other  persons  not  vac- 
cinated; and  as  to  the  power  of  school  boards  compelling  the  vaccination 
of  children  or  excluding  them  from  school  during  epidemics  of  smallpox,  see 
4640  General  Statutes  1913. 


82  SCHOOL   ADMINISTRATION. 

In  the  absencp  of  a  statute  makinp  vaccination  a  condition  precedent  to  the 
right  of  children  to  attend  school,  a  rule  of  the  state  board  of  health  which  has 
general  supervision  over  public  health,  making  a  certificate  of  vaccination  a  con- 
dition of  the  right  of  children  to  attend  the  public  schools,  cannot  be  sustained  as 
an  exercise  of  police  power;  and  such  a  rule,  made  when  there  is  no  epidemic 
of  smallpox  and  no  reasonable  apprehension  that  the  disease  may  become  pre- 
valent,  is  unconstitutional  and  void. — Supreme  Court   of  Wis.,   70   N.   \V.   Rep.  347. 

A  general  grant  of  power  in  l)road  and  comprehensive  terms  to  make  rules 
for  the  preservation  of  public  health,  vests  in  the  authorities  to  whom  it  is 
granted  power  to  enforce,  in  cases  of  emergency,  rendering  it  necessary  in  the 
interests  of  public  health  and  for  the  prevention  of  smallpox,  a  regulation  requir- 
ing cliildren  to  be  \accinated  a«  a  condition  to  thfir  admission  to  the  public 
schools.— 86  M.  353. 

286.  Use  of  basement  rooms  for  graded  school  purposes  prohibited — 
It  shall  be  unlawful  for  any  scliool  board  of  any  public  school  in  any  city 
having  a  population  of  twenty  thou.^and  or  more  inhabitants  to  maintain  or 
allow  any  basement  room  to  be  used  for  grade  school  purposes,  except  rooms 
used  exclusively  for  the  purpose  of  teaching  domestic  science,  manual  train- 
ing or  physical  culture:  provided,  however,  that  two  basement  rooms, 
during  the  year  1910,  and  one  basement  room,  during  the  years  1911-1912, 
may  be  used  in  any  one  building.     (2912) 

287.  Same;  basement  room  defined — For  the  purpose  of  this  act  a  base- 
ment room  shall  mean  any  room  the  floor  of  which  is  below  the  surface  of 
the  surrounding  ground  on  all  sides  of  said  room.     (2913) 

PART   IV. 

TEACHERS. 

(Jt'ALTFICATIOX  AND  TRAINING. 

288.  Qualified  teachers — A  qualified  teacher  is  one  holding  a  certificate 
or  license  to  teach,  as  hereinafter  provided,  in  the  school  or  grade  for  w^hich 
he  is  employed.  Contracts  for  teaching  can  only  be  made  with  qualified 
teachers.  Contracts  made  with  persons  before  obtaining  such  certificates 
or  licenses  shall  only  be  valid  from  the  time  of  obtaining  the  proper  certifi- 
cate or  license.     (2829) 

A  contract  by  a  district  to  hire  a  teacher  who  has  not  procured  the  required 
certificate  is  void.— 12  M.  44S  (Gil.  337). 

As  to  contracts  to  teach  and  qualifications  for  inaking  such  contracts,  see  sec- 
tion 325  and  annotations. 

289.  Same;  who  are  not — No  person  shall  be  accounted  a  qualified 
teacher  in  any  common  school  district  within  the  meaning  of  the  school 
law,  until  such  person  has  filed  for  record  with  the  county  superintendent 
of  schools  of  the  county  wiiere  such  person  intends  to  teach,  a  certificate 
or  diploma  or  certified  copy  of  either  authorizing  such  person  to  teach  school 
in  such  county.     (2830) 

290.  Professional  training — From  and  after  August  1,  1915,  all  candi- 
dates for  teacher's  certificates  by  examination,  renewal  or  endorsement  of 
credentials,  except  those  w-ho  have  taught  successfully  for  at  least  eighteen 
months  in  the  public  schools  prior  to  such  date,  or  those  receiving  either  a 
second  grade  or  a  limited  certificate,  must  have  completed  such  a  course  of 
professional  training  for  teaching  not  exceeding  thirty-six  weeks,  as  may  be 
prescribed  by  the  state  superintendent. 

Training  courses  in  the  state  university,  in  state  normal  schools,  in 
state  high  schools,  or  in  private  schools  fully  and  fairly  the  equivalent  of 
those  given  in  state  schools  and  approved  by  the  said  superintendent  shall 
be  accepted  as  meeting  the  requirements  for  teachers  training  under  this 
section.     (2864) 

291.  Instrumentalities  of  training — For  the  special  training  of  teachers 
for  the  public  schools,  there  are  established:  (1)  teachers'  institutes;  (2) 
training  schools;    (3)   normal  schools.     (2961) 


SCHOOL,   ADMINISTRATION.  B3 

292.  Institutes — Duty  of  state  superintendent — The  state  superintendent 
shall  provide  for  teachers'  institutes  and  training  schools  in  the  several 
counties  of  the  state,  for  the  instruction  and  training  of  teachers  in  pro- 
fessional and  academic  work.  He  shall  designate  the  county  or  counties 
for  which  such  institute  or  training  school  is  to  be  held,  and  the  time  and 
place  of  holding  the  same,  and  assign  instructors  and  lecturers  therefor. 
Each  institute  shall  continue  for  at  least  four  days,  and  each  training  school 
not  less  than  four  nor  more  than  six  weeks.     (2962) 

293.  Same;  duties  of  county  superintendents — The  superintendent  of 
each  county  for  which  such  institute  or  school  is  appointed  shall  give  notice 
thereof  to  the  teachers  of  his  county,  and  shall  attend  and  take  part  in 
the  exercise,  and  make  necessary  arrangements  therefor.     (2963) 

293 1^.  Same;  use  of  school  houses — The  school  board  of  any  district  in 
which  any  institute  or  training  school  is  held  shall  allow  the  free  use  of  any 
school  house  or  schoolrooms  for  that  purpose,  upon  ten  days'  notice  of 
selection  from  the  county  superintendent:  Provided,  that  such  use  shall 
not  interfere  with  the  sessions  of  school.     (2964) 

The  county  superintendent  cannot  arbitrarily  designate  any  school  house  or 
room  he  sees  fit  for  the  examination  of  teachers;  but  he  has  a  right  of  selection 
in  the  first  instance,  and  when  the  school  officers  receive  notice  from  him  of 
such  selection,  if  there  are  good  reasons  why  they  cannot  grant  him  the  use 
of  the  room  selected,  they  must  set  apart  for  him  a  suitable  room  in  a  school 
house  of  the  district.  The  burden,  in  case  of  controversy,  is  upon  the  school  of- 
ficers to  show   compliance   in  good   faitli   with   the   statute. — 73   M.   37.5. 

294.  Same;  county  appropriations  for — The  county  board  of  any  county 
for  which  such  institute  or  training  school  is  appointed  may  appropriate 
therefor  out  of  the  county  revenue  fund  a  reasonable  sum,  to  be  expended  by 
the  county  superintendent.  Within  one  week  after  the  close  of  such  institute 
or  school  the  superintendent  shall  pay  into  the  county  treasury  any  unused 
part  of  such  appropriation,  and  shall  file  with  the  county  auditor  an  itemized 
statement  of  the  disbursements  thereof  with  proper  vouchers.     (2965) 

295.  Same;  schools  may  be  closed  during — Any  teacher  may  close  his 
school  for  the  purpose  of  attending  any  institute  appointed  for  his  county, 
and  he  shall  be  allowed  to  make  up  the  time  so  lost  upon  presenting  to  the 
clerk  of  the  district  a  certificate,  signed  by  the  county  superintendent,  at- 
testing said  teacher's  attendance  at  the  institute.     (2966) 

A  li-acher  vvno  aliends  tiie  fntiie  term  of  an  institute  is  entitled  xo  i)ay  for  tiie 
t:nu;  her  fc'Kol  \v  is  closeil  on  account  ot  such  attendance:  ar.d  it  i'^  Vi  it  iiec'.-ssa;'y 
fcr  ht-r  to  ir.al<e  up  siich  lest  time. — Smith,  Feb.   15,  19  ..j. 

TEACHERS'  EXAMINATIONS. 

296.  Times  and  places  for — The  county  superintendent  shall  hold  at 
least  two  examinations  a  year  in  convenient  places  in  his  county,  upon  such 
notice  as  may  Be  prescribed  by  the  state  superintendent.  The  times  of  such 
examinations  shall  be  fixed  by  the  state  superintendent,  and  shall  be  uni- 
form throughout  the  state,  and  shall  determine  the  educational  qualification 
of  applicants  for.  teachers'  certificates.  The  school  board  of  any  district 
in  which  any  such  examination  is  appointed  shall  allow  the  free  use  of  any 
schoolhouse  or  schoolrooms  for  that  purpose,  upon  ten  days'  notice  of  selec- 
tion from  the  county  superintendent.     (2836) 

297.  Same;  fees  to  be  paid  by  candidates — Every  candidate  at  each 
examination  for  a  teacher's  certificate  or  for  the  renewal  or  extension  of 
such  certificate  shall  pay  a  fee  of  50  cents  before  such  examination  is  en- 
tered upon  or  renewal  or  extension  granted.  Such  fees  shall  be  collected 
by  the  county  superintendent  and  by  him  remitted  to  the  state  superin- 
tendent. Each  candidate  for  the  endorsement  of  a  diploma  granted  by  a 
Minnesota  normal  school  or  by  a  normal  school  of  another  state,  and  each 
candidate  for  a  professional  certificate  granted  either  upon  examination  or 
by  endorsement  of  proper  credentials,  shall  pay  to  the  state  superintendent 
a  fee  of  $1.00  before  such  examination  is  entered  upon  or  certificate  issued. 
The  fee  for  a  permanent  professional  certificate  shall  be  $5.00. 


g4  SCHOOL   ADMINISTRATION. 

The  state  superintendent  shall  at  the  end  of  each  month  pay  to  the 
state  auditor  the  full  amount  of  all  such  examination  fees  paid  or  remitted 
to  him,  together  with  a  report  showing  the  amount  of  fees  collected  for  each 
class  and  kind  of  certificate.  The  state  auditor  shall  credit  all  such  fees  to 
the  teachers'  institute  fund,  except  those  paid  for  the  endorsement  of 
diplomas  issued  by  Minnesota  normal  schools,  which  shall  be  credited  in 
the  proper  amount  to  the  support  fund  of  the  normal  school  by  which  the 
diploma  so  endorsed  as  a  certificate  has  been  issued.     (2861) 

298.  Same;  expenses  of;  how  paid — The  local  expenses  of  such  exam- 
inations shall  be  paid  by  the  county  in  which  they  are  held;  the  expense 
incurred  by  the  state  superintendent  under  the  provisions  of  this  chapter, 
not  to  exceed  twenty-five  hundred  dollars  per  year,  shall  be  paid  out  of  the 
fund  for  conducting  teachers'  institutes.     (2844) 

299.  Same;  branches  of  examination — All  applicants  for  certificates 
shall  be  examined  in  the  following  branches:  Reading,  spelling,  writing, 
arithmetic,  grammar,  United  States  history,  composition,  geography,  physiol- 
ogy, civil  government  and  practical  hygiene.  Applicants  for  a  first  grade  cer- 
tificate shall  also  be  examined  in  elementary  algebra,  plane  geomerty,  phys- 
ical geography  and  physics;  but  the  state  superintendent  may,  in  his  regula- 
tions, designate  other  branches  that  may  be  taken  in  lieu  of  physical 
geometry,  physics,  and  plane  geometry,  at  the  option  of  the  applicant. 
Applicants  for  any  grade  may,  at  their  option,  be  examined  in  music,  draw- 
ing, and  such  languages  as  may  be  prescribed  by  the  state  superintendent. 
Applicants  for  special  certificates  shall  be  examined  in  all  the  branches 
required  for  second  grade  certificates,  and  in  such  other  branches  as  they 
wish  to  be  specially  authorized  to  teach.     (2838) 

300.  Same;  conduct  of  examinations — Such  examinations  shall  be  pub- 
lic, and  shall  be  conducted  by  the  county  superintendent,  or  by  persons  ap- 
pointed by  him,  strictly  according  to  the  regulations  prescribed  by  the 
state  superintendent.  An  afliidavit  may  be  required  of  persons  conducting 
such  examinations  that  they  have  been  conducted  fairly  and  according 
to  such  regulations.  Teachers  taking  part  therein  may  dismiss  their  schools 
for  not  to  exceed  two  days  in  each  year  without  loss  of  time.     (2837) 

Superintendent  of  public  instruction  is  authorized  to  appoint  such  qualified 
examiners  of  county  teacheis'  papers  as  in  his  discretion  are  deemed  necessary, 
but  such  examiners  must  act  under  his  direct  supervision. — Douglas,  August  4, 
1899. 

Teachers'  Examinations — Two  examinations  each  year  must  be  held  in  each 
county  on  different  dates  to  be  fixed  by  superintendent  of  public  instruction. — 
Douglas,   May  25,   1809. 

301.  Same;  marking  on — The  written  answers  for  the  scholastic  exam- 
In-ition  shall  be  read  and  marked  under  the  direction  of  the  state  superin- 
tendent. M?]  kings  for  the  professional  requirements  shall  be  given  by  the 
county  superintendent,  who  shall  also  be  the  judge  of  skill  in  teaching  and 
moral  character  of  applicants.     (2839) 

Superintendent  of  public  Instruction  may  limit  first  and  second  grade  teachers' 
certificates  to  one  year.   In  certain  Instances. — Douglas,  August  24,   1899. 

TEACHERS'  CERTIFICATES. 

302.  Grades  of — There  shall  be  five  grades  of  regular  teachers'  certifi- 
cates: Third  grade,  second  grade,  first  grade,  second  grade  professional, 
and  first  grade  professional.  No  certificate  shall  be  granted  except  on  .satis- 
factory proof  of  professional  ability  and  moral  character.  Provided,  that 
the  state  superintendent  of  public  instruction  may  in  his  discretion  issue 
certificates  of  qualification  without  examination  to  persons  who  have  taught 
In  public  schools  of  this  state  for  five  or  more  years,  upon  their  filing  with 
.:'aid  superintendent  ot  public  instruction  a  written  application  approved  by 
the  board  of  education  or  school  trustees,  together  with  the  city  superin- 
tendent or  county  superintendent,  under  said  applicant  shall  have  taught 
the  greater  part  of  five  years  preceding  the  date  of  application.     (2845) 


SCHOOL  ADMINISTRATION.  85 

303.  Limited  second  grade  certificates — Limited  second  grade  certifi- 
cates, good  for  one  year,  may  be  given  by  tlie  county  superintendent  to 
persons  without  experience,  not  less  than  seventeen  years  of  age,  who 
have  passed  the  required  examination.     (2853) 

304.  Second  grade  certificates — Second  grade  certificates  shall  be  given 
to  persons  otherwise  qualified,  not  less  than  eighteen  years  of  age,  and 
of  at  least  five  months'  successful  experience  in  teaching.  Such  certificates 
shall  be  signed  by  the  state  and  county  superintendent,  and  shall  be  valid 
for  two  years  in  the  county  designated,  and  in  any  other  county  upon  in- 
dorsement by  the  county  superintendent  thereof.     (2846) 

305.  First  grade  certificates — First  grade  certificates  shall  be  given 
to  persons  otherwise  qualified,  and  of  at  least  eight  months'  successful 
experience  in  teaching.  Such  certificate  shall  be  signed  by  the  state  and 
county  superintendents,  and  shall  be  valid  for  five  years  in  any  county  of 
the  state,  upon  presentation  thereof  to  the  county  superintendent  of  such 
county.     (2847) 

306.  Special  certificates — The  state  superintendent  may  issue  a  special 
certificate  to  (1)  a  graduate  of  a  standard  and  approved  college  or  state  nor- 
mal school;  (2)  to  one  otherwise  qualified  who  has  completed  such  course 
of  study  and  training  as  the  said  superintendent  may  requii-e,  authorizing 
the  holder  to  teach  music,  drawing,  home  economics,  manual  or  industrial 
arts,  agriculture,  commercial  subjects  or  to  serve  as  kindergarten  or  primary 
teachers.     (2862) 

307.  Certificates  from  other  states — The  state  superintendent  may  ac- 
cept or  endorse  certificates  from  other  states  on  such  conditions  as  he  may 
prescribe.     (2863) 

308.  High  and  normal  school  certificates  may  be  accepted  when — Cer- 
tificates from  state  high  or  normal  schools,  showing  a  standing  of  not  less 
than  seventy-five  per  cent,  may  be  received  by  the  state  superintendent, 
under  such  conditions  as  he  may  prescribe,  in  place  of  such  examination. 
(2840) 

309.  Renewal  and  validity  of  certificates — First  and  second  grade  cer- 
tificates may  be  renewed  as  prescribed  by  the  state  superintendent,  and 
shall  be  valid  in  all  grades  below  the  high  school  unless  the  school  laoard 
of  any  district,  by  formal  action,  decide  otherwise,  and  except  as  otherwise 
expressly  provided  in  this  chapter.     (2852) 

310.  Appeal  from  refusal  of  certificate — Any  person  to  whom  a  cer- 
tificate is  refused  may,  within  ten  days  from  the  receipt  of  notice  of  refusal, 
appeal  to  the  state  superintendent,  and  when  such  refusal  is  for  failure  to 
pass  the  scholastic  examination,  he  may  on  appeal  have  his  papers  reviewed 
and  marked  by  the  instructors  in  the  corresponding  branches  of  the  state 
university,  and  such  review  and  marking  shall  be  final.    (2854) 

PROFESSIONAL  EXAMINATIONS  AND  CERTIFICATES. 

311.  Professional  certificates — Permanent  teachers  of  high  character 
and  successful  experience  may  be  granted  first  grade  professional  certi- 
cates,  upon  passing  the  examination  of  furnishing  the  evidence  hereinafter 
provided  for  such  certificates.  Such  certificate  shall  authorize  the  holder 
to  teach  in  any  school  in  the  state,  upon  presenting  the  same  to  the  superin- 
tendent having  supervision  of  such  school,  and  shall  remain  in  force  as  long 
as  its  holder  is  engaged  in  educational  pursuits,  but  shall  be  void  after  he 
shall  cease  for  three  years  to  do  unless  it  be  renewed  by  indorsement  of 
the  state  superintendent.     (2857) 

312.  Same;  examination  for — State  examinations  for  professional  cer- 
tificates shall  be  held  by  the  state  superintendent,  or  by  a  committee  of  three 
competent  teachers  appointed  by  him,  at  such  times  and  places  as  he  may 
direct.     (2841) 


Sij  SCHOOL   ADMINISTRATION. 

313.  Subjects  for  examination — Such  exaniination.s  shall  inchide,  in  ad- 
dition to  the  branches  required  lor  a  tirst  grade  certigcate,  the  following: 

1.  Educational  science,  including  (1)  history  of  education,  (2)  psychol- 
ogy, (3)  general  pedagogy,  and  (4)  school  organization  and  law. 

2.  Mathematics,  including  (1)   higher  algebra,   (2)  solid  geometry,  and 

(3)  trigonometry,  plane  and  spherical. 

3.  English,  including  (1)  English  and  (2)  American  literature,  and  (3) 
rhetoric. 

4.  History,   (1)  ancient   (to  A.  1).  800),   (2)  mediaeval,   (:])   English,  and 

(4)  American. 

5.  Science,  including  botany,  chemistry,  physics,  geology,  and  physi- 
ography, astronomy,  zoology  and  political  science.     (2842) 

314.  Second  grade  professional  certificates — A  second  grade  profes- 
sional certificate  may  be  granted  to  any  such  teacher  who  passes  a  success- 
ful examination  on  all  the  branches  included  in  subdivision  1,  and  in  six 
branches  included  in  the  other  subdivisions  of  section  2842  (313  herein),  to 
be  selected  by  him.     (2858) 

315.  Same;  first  grade  professional  certificates — A  first  grade  profes- 
sional certificate  may  be  granted  to  any  sucli  teacher  who  passes  a  satis- 
factory examination  in  all  the  branches  of  subdivision  1,  in  two  of  those 
in  each  of  subdivisions  2  and  3,  and  in  three  of  those  in  each  of  the  other 
subdivisions  of  section  2842  (313  herein),  or  furnishes  the  evidence  of 
qualification  made  equivalent  to  such  examination.     (2859) 

316.  Same;  professional  permits — The  state  superintendent  may  grant 
to  teachers,  who  lack  not  more  than  three  of  the  branches  required  for  a 
professional  certificate,  professional  permits  good  for  one  year,  which  shall 
confer  during  such  time  the  same  authority  to  teach  as  a  professional  certi- 
ficate.    (2860) 

317.  Certificate  and  diploma  in  place  of  examination — A  first  grade 
state  certificate,  and  a  diploma  from  the  academic  department  of  a  reputable 
college  or  university,  with  proof  of  one  year's  successful  teaching  in  this 
state,  shall  be  accepted,  in  place  of  an  examination  in  all  such  branches. 
(2843) 

318.  University  diplomas;  when  valid  as  certificates — Certificates  of 
graduation  from  the  state  university  issued  to  graduates  of  the  college 
of  education  and  to  those  graduates  from  its  college  of  science,  literature 
and  art  (or  its  college  of  agriculture),  who  have  taken  specified  courses  in 
the  college  of  education,  shall  be  valid  as  first  grade  professional  certificates 
for  two  years  from  their  date,  and  at  the  expiration  of  two  years  of  actual 
successful  teaching,  such  certificates,  endorsed  by  the  president  of  the  uni- 
versity and  the  state  superintendent,  shall  have  the  force  of  permanent 
first  grade  professional  certificates.     (2848) 

319.  Advanced  normal  school  diplomas — Diplomas  issued  to  graduates 
of  the  state  normal  schools  shall  be  valid  as  first  grade  certificates  for  two 
years  from  their  date,  and  at  the  expiration  of  two  years  of  actual,  success- 
ful teaching,  such  diplomas,  endorsed  by  the  president  of  the  school  grant- 
ing them,  and  the  state  superintendent,  shall  have  the  force  of  the  first 
grade  certificates  for  life.     (2849) 

320.  Normal  school  elementary  diplomas — Elementary  diplomas  granted 
by  a  state  normal  school  upon  the  completion  of  such  portion  of  the  course 
of  study  as  may  be  prescribed  therefor  by  the  normal  school  board,  shall  be 
valid  as  first  grade  certificates  for  the  period  of  three  years  from  their  date, 
and  shall  not  be  renewable;  except  that  any  holder  of  such  an  elementary 
diploma  may  have  the  forc'e  and  effect  thereof,  as  such  first  grade  certifi- 
cate, extended  for  a  further  period  of  three  years,  by  the  completion  of 
an  additional  one  year  of  work  in  a  Minnesota  state  normal  school,  and  the 


SCHOOL  administration:.  37 

certificate  of  endorsement  thereon  by  the  president  of  .such  school  and 
the  state  superintendent;  provided,  that  the  provisions  of  this  section  shall 
not  apply  to  persons  now  holding  Minnesota  elementary  normal  school 
diplomas,  nor  to  any  student  heretofore  enrolled  in  a  Minnesota  state 
normal  school  who  shall  be  graduated  prior  to  September  1,  1911.     (2850) 

321.  Normal  school  certificates — The  holders  of  certificates  from  the 
state  normal  schools,  showing  the  completion  of  two  years  of  prescribed 
work  in  such  schools,  shall  be  entitled  to  have  such  certificates  endorsed  by 
the  superintendent  of  public  instruction  and  thereby  given  the  full  force 
and  effect  of  a  second  grade  certificate. 

Section  1369  of  the  Revised  Laws  of  1905  is  hereby  repealed.     (3851 ) 

322.  Records  of  certificates  and  diplomas — County  superintendent  of 
schools  shall  record  in  their  office  in  a  book  provided  by  the  board  of  county 
commissioners  for  such  purpose,  all  material  facts  concerning  teachers' 
certificates  and  diplomas  presented  for  that  purpose  and  shall  certify  to  the 
holder  of  such  certificate  or  diploma  that  such  record  has  been  made.     (2831) 

If  a  teacher  has  a  valid  certificate,  she  may  enter  into  a  contract  to  teach  be- 
fore the  filing  of  the  certificate  and  file  her  certificate  afterward,  under  chapter 
137,  Laws  1905;  but,  if  the  board  should  malie  a  contract  with  another  teacher 
who  had  filed  her  certificate  before  the  first  one  filed  hers,  the  contract  with  the 
latter  would  prevail  as  against  the  first  one  who  had  neglected  to  file.  However, 
teachers,  for  their  own  protection  should  be  careful  to  file  their  certificates  before 
malving  a  contract  to  teach. — Young,  page  ISO. 

323.  Suspension  of  certificates — Any  county  superintendent  of  schools 
may,  for  any  of  the  causes  mentioned  in  section  2  hereof,  upon  his  own 
authority  or  upon  written  complaint  of  any  school  board  of  his  county,  and 
after  serving  notice  on  the  teacher  of  the  grounds  of  complaint,  and  after 
an  opportunity  for  the  teacher  to  make  defense,  suspend  such  teacher's 
authority  to  teach  in  any  public  school  in  the  county. 

The  teacher  whose  certificate  is  thus  suspended  may  appeal  to  the  state 
superintendent  within  ten  days  after  receipt  of  notice  of  tlie  susi)ension  of 
the  certificate.  The  state  superintendent  shall  either  confirm,  modify  or 
reverse  such  suspension,  and  may  order  that  the  suspension  shall  apply 
against  teaching  in  any  public  school  in  the  state,  or  may  revoke  the 
certificate,  and  his  action  shall  be  final.  In  case  the  superintendent  shall 
refuse  to  suspend  a  teacher's  certificate  upon  complaint  of  the  school  board 
employing  such  teacher,  the  board  may  appeal  in  like  time  and  manner, 
and  upon  such  appeal  the  state  superintendent  may  annul  the  teacher's 
authority  to  teach,  by  a  suspension  or  revocation  of  such  teacher's  certificate, 
after  serving  notice  on  the  teacher  of  the  grounds  of  complaint,  and  after 
opportunity  for  the  teacher  to  make  defense,  and  his  action  in  the  premises 
shall  be  final. 

The  county  superintendent  shall  file  with  the  clerk  of  the  school  board 
and  the  state  superintendent  a  statement  of  the  suspension  of  any  teacher's 
certificate,  with  his  reason  for  such  action,  and  deliver  a  copy  of  such  state- 
ment to  the  teacher,  whose  authority  to  teach  in  such  county  shall  cease  in 
ten  days  from  the  service  of  such  statement  on  said  teacher,  unless  an  ap- 
peal is  taken,  as  herein  provided.     (2855) 

324.  Causes  of  revocation  or  suspension — The  following  sltall  be  con- 
sidered as  causes  for  the  revocation  or  suspension  of  a  teacher's  certificate: 

(a)  Immoral  character  or  conduct  unbecoming  a  teachei'. 

(b)  Failure(  without  justifiable  excuse,  to  teach  for  the  term  of  hi.-^ 
contract,  without  first  securing  the  written  release  of  the  school  board. 

(c)  Inefficiency  in  teaching  or  in  the  management  of  a  school. 

(d)  Affliction  with  active  tuberculosis  or  some  communicable  disease 
shall  be  considered  as  cause  for  the  suspension  of  certificate,  while  the 
holder  thereof  is  suffering  from  such  disability. 

Sections  1365  and  1371  of  the  Revised  Laws  of  1905  are  hereby  repealed. 
(2856) 


88  SCHOOL   ADMINISTRATION. 

EMPLOYMENT  AND  DUTIES  OF  TEACHERS. 
325.  Hiring  of  teachers — School  boards  shall  hire  teachers  at  meetings 
called  for  that  purpose.  No  teacher  related  by  blood  or  marriage  to  a 
trustee  shall  be  employed,  except  by  a  unanimous  vote  of  the  full  board. 
The  employment  shall  be  by  written  contract,  signed  by  the  teacher,  and, 
in  common  districts,  by  at  least  two  of  the  trustees;  in  special  and  inde- 
pendent districts,  by  the  chairman  and  clerk.  Such  contract  shall  specify 
the  time  of  employment,  and  the  wages  per  month.     (2832) 

A  teacher  who  has  no  certiflc.ite  at  time  of  entering  Into  a  verbal  contract, 
but  obtains  one  shortly  after  anc)  enters  into  a  written  contract  and  leaclies 
the  school  for  the  contract  term,  may  recover  at  the  contract  rate  from  date  of 
written    contract. — 20   M.   72    (Gil.   57). 

A  contract   lo  hire  a  teacher  not  having  a  certificate  is  void. — 27  M.   433. 

Where  a  contract  puriiorting  on  its  face  to  have  been  made  by  the  district 
and  teacher  is  signed  by  the  teacher  and  two  persons  as  director  and  treasurer, 
the  implication  is  that  such  persons  are  the  director  and  treasurer  and  therefore 
two  of  the  board  such  as  are  authorized  to  make  the  contract. — 27  M.     433. 

When  an  order  has  been  legally  issued  to  a  teacher  for  the  amount  due  hor, 
and  has  been  presented  and  payment  demanded  and  refused,  she  may  maintain 
action  against  the  district,  even  though  a  writ  of  mandamus  might  lie  against  the 
treasurer.— 35    M.   309. 

A  contract  between  a  teacher  and  the  trustees  of  a  district  must  be  In  writ- 
ing and   signed   by  such   teacher  and  a  majority  of   the  trustees. — 39   M.   499. 

An  oral  contract  bv  a  teacher  with  a  school  board  is  not  valid,  and  no  re- 
covery can  be  had  foi-  services  thereunder. — 77  M.  4G9. 

The  board  of  trustees  may,  prior  to  the  annual  meeting,  employ  a  teacher 
for  the  ensuing  year  and  bind  the  district  for  the  legal  five  months  and  for  such 
further  time  as  shall  be  fi.xed  by  the  elctors  at  such  meeting. — 93  M.  411. 

If  a  teacher  holds  a  valid  certificate  at  the  time  of  mailing  a  contract  whicli 
extends  beyond  the  life  of  the  certificate,  such  contract  is  good,  and  will  remain 
so  as  long  as  the  teacher  is  in  possession  of  a  valid  certificate  and  until  the 
contract  expires  by   its  own   terms. — Clapp,   October  12,   1891. 

As  a  general  proposition  the  board  may  discharge  a  teacher  at  pleasure.  It 
is  incumbent  upon  them,  however,  to  see  to  it  that  the  cause  is  good  and  suf- 
ficient, otherwise  the  district  is  not  relieved  of  the  contract  made  with  the 
teacher.  The  only  provision  which  can  possibly  operate  to  deprive  the  board  of 
the  power  of  discharging  a  teacher  is  that  which  authorizes  the  county  superin- 
tendent to  revoke  a  certificate  for  proper  cause.  I  am  of  the  opinion  that  such 
provision  is  not  exclusive.  The  officers  of  the  district  should  possess  the  power 
of  summary  dismissal  if  the  best  interests  of  the  school  so  require.  Cases  may 
arise  where  the  conduct  of  the  teacher  is  flagrantly  immoral  and  corrupting  and 
calling  for  the  most  summary  action  on  the  part  of  the  board.  Certainly,  the 
legislature  did  not  intend  to  so  abridge  the  authority  of  the  board  as  to  render 
them  powerless  in  such  a  case.  These  views  are  fairly  sustained  by  the  follow- 
ing cases:  Boys  vs.  State,  6  Neb.  167;  Smartwood  vs.  Walbridge,  57  Ham.  33; 
Fjsk  vs.  Board,  69  Hun.  212;  Tripp  vs.  School  Board,  7  N.  W.  R40.  As  the  teach- 
er may  enforce  his  contract  against  the  district,  notwithstanding  his  discharge, 
unless  justified  by  the  facts,  the  board  should  advise  itself  by  careful  inquiry 
in  any  suitable  manner,  that  a  just  ground  for  discharge  exists. — Childs,  Septem- 
ber 21,   1896. 

Teachers  cannot  enforce  verbal  contracts  which  the  law  requires  to  be  in 
writing.— Douglas,  January  4,  1901. 

A  strict  construction  of  this  section  would  compel  the  conclusion  that  a  legal 
contract  with  a  teacher  cannot  be  made  at  any  time  other  than  at  a  meeting  of 
the  board  called  for  the  purpose;  but  if  there  were  such  a  meeting  at  which  the 
minds  of  the  board  and  the  teacher  met  in  a  verbal  contract,  and  the  contract 
as  so  made  reduced  to  writing  and  signed  afterward  it  would  be  valid. — Young, 
page  180. 

A  teacher  who  is  ready  and  willing  to  perform  the  services  provided  for  in 
her  contract,  and  who  is  prevented  from  doing  so  by  an  epidemic  of  smallpox 
or  any  other  reason,  is  entitled  to  recover  her  wages,  even  though  her  contract 
reads  "for  actual  services  rendered." — Young,  page  194. 

Under  sections  1344  and  1326,  R.  L.,  a  teacher's  wages  must  be  paid  by  orders 
drawn  by  the  clerk  upon  the  treasurer.  Such  orders  may  be  discounted  by  the 
teacher,  if  so  disposed,  at  less  than  face  value;  and  if  not  paid  when  presented, 
may  be  reduced  to  judgment  for  the  full  amount  against  the  district.  This  is  the 
teacher's  only  remedy. — Young,  page  199. 

Teachers  cannot  be  comi>elled  to  make  up  time  lost  by  reason  of  an  epidemic 
of  disease,  and  the  board  cannot  refust.  to  pay  them  for  such  lost  time;  but  if 
the  teachers  voluntarily  acquiesce  in  an  arrangement  of  the  board  to  make  up 
the  lost  time,   they  cannot   demand   extra  pay. — Young,   page   204. 

The  bo.ird  of  a  common  school  dis'rict  cannot  bind  the  district  by  a  oontract 
with  a  tenrher  for  more  than  six  months;  but  a  contract  for  a  longer  period  will 
be  valid  for  such  five  (now  six)  months,  but  not  for  the  excess,  unless  It  be 
ratified  by  the  district  at  a  valid  meeting. 

Where  the  teacher  is  hired  veruially  at  the  meeting  of  the  board,  called  for 
that  purpose,  but  the  contract  Is  not  reduced  to  writing  and  signed  until  after- 
ward, the  contract  is  valid  under  section  1344,  R.  L. 


SCHOOL  ADMINISTRATION.  89 

A  contract  made  with  a  teacher  who  holds  a  valid  certificate,  but  who  hai 
not  filed  it  for  record  at  the  time  the  contract  Is  made,  and  who  files  it  after- 
ward, is  valid  under  chapter  137,  Laws  1905.  However,  if  the  board  should,  during 
the  tnter\'al  between  such  contract  and  ihe  filing  of  such  certificate,  employ  an- 
other teacher  who  has  filed  her  certificate,  the  latter  would  prevail.  However, 
teachers  should  file  their  certificates  before  entering  into  contracts. — Young,  Juno, 
1906. 

A  school  board  having  voted  to  hire  a  teacher,  a  member  who  has  voted  on 
the  question  can  change  his  vote  at  the  next  regular  or  special  meeting  of  the 
board,  the  meeting  being  regularly  called,  and  the  matter  being  properly  before 
it,  providing  that  no  written  contract  has  been  made  and  entered  into  between 
the  district  and  a  qualified  teacher.  In  othei-  words,  if  the  district  as  such  is  not 
bound  by  the  previous  action  and  a  valid  contract  entered  into,  there  can  be  no 
objection   to  a  reconsideration. — Simpson,   March   11,   1909. 

The  board  of  a  common  district  may.  prior  to  the  annual  meeting,  employ  a 
teacher  for  the  ensuing  year  and  bind  the  district  for  the  legal  six  months  and 
for  such  further  time  as  shall  be  fixed  by  the  electors  at  such  meeting. — 93  M. 
411. 

A  qualified  teacher  hired  at  a  meeting  of  the  board,  properly  called  for  that 
purpose,  whose  contract  is  signed  by  two  members  of  the  board,  has  a  legal 
teacher's  contract. — Simpson,   March  30,    1909. 

In  the  absence  of  an  express  provision  in  the  contract  with  a  teacher,  so 
specifying,  it  is  not  obligatory  upon  the  teacher  to  do  the  janitor  work  of  the 
school   hotise. — Simpson,    January   6,    1910. 

It  is  the  duty  of  the  school  board  to  see  that  all  necessary  matters  are  at- 
tended to,  in  order  that  the  schools  of  the  district  may  accomplish  the  purpose 
for  which  they  are  instituted,  under  the  general  power  vested  in  the  board,  and 
where  the  matter  is  not  mentioned  in  the  teacher's  contract,  and  there  has  been 
no  oral  understanding  that  tlie  teacher  should  act  as  janitor,  it  is  the  imperative 
duty  of  the  board  to  furnish  a  janitor  to  sweep  the  school  rooms,  build  the  fires, 
and  keep  the  rooms  in  suitable  condition  for  school  purposes. — Simpson,  Decem- 
ber 3,   1909. 

The  statute  provides  that  (section  1344,  R.  L..  1905)  "No  teacher  related  by 
blood  or  marriage  to  a  trustee  shall  be  employed,  except  by  a  unanimous  vote  of 
the  full  board."  Therefore,  every  member  of  the  board  must  vote  in  favor  of 
thp  pmploympnt  of  s\ich  a  teacher,  to  make  the  contract  of  employment  valid, 
and  If  a  member  of  the  board  attends  the  meeting  and  does  not  vote,  or  is  not 
present  at  the  meeting,  and  consequently  does  not  vote  in  favor  of  the  employ- 
ment, the  contract  would  not  be  legal,  and  if  a  teacher  related,  by  blood  or  mar- 
riage, to  a  trustee,  has  a  contract,  where  the  employment  has  not  been  voted 
for  by  each  member  of  the  board,  even  though  the  teacher  should  actually  ren- 
der services  in  teaching,  he  could  not  collect  pay  for  the  same. — Young,  Septem- 
ber 8,   1908. 

If,  in  the  exercise  of  sound  judgment  and  discretion,  a  school  board  determines 
that  indulging  in  certain  pastimes  outside  of  school  hours,  by  teachers,  is  detri- 
mental to  the  work  of  the  school,  it  will  be  competent  for  the  board  to  make  a 
rule  forbidding  such  indulgence,  on  evenings  succeeding  school  days.  If,  under  all 
the  facts  and  circumstances,  such  a  rule  and  regulation  is  a  reasonable  one,  and 
the  action  of  a  teacher  in  violating  such  rule  is  detrimental  to  the  best  interests 
of  the  school,  then  such  failure  to  comply  with  the  rule  and  regulation  would  be 
a  cause  for  removal  of  such  teacher,  though  the  question,  in  each  particular 
case,  as  to  the  reasonableness  of  the  rule,  might  ultimately  have  to  be  passed 
upon    by    the    court. — Simpson,    November   4,    1909. 

School  boards  and  boards  of  education  in  independent  districts  have  the  right 
to  grant  their  teachers  permission  to  close  their  schools  without  loss  of  pay,  for 
the  purpose  of  attending  a  state  teacher's  convention. — Simpson,   May  8,    1909. 

The  statute  contemplates  the  payment  of  teachers'  wages  at  the  end  of  each 
month's  services,  and  there  is  no  authority  for  a  school  board  retaining  the 
monthly  wages  of  teachers  two  weeks  after  the  end  of  the  month. — Simpson, 
October  6.   1909. 

Section  4237,  R.  L.  1905,  provides  that  "The  salary  or  wages  of  any  officer 
or  person  employed  by  a  county,  town,  city,  village  or  school  district,  or  by  any 
department  thereof,  shall  be  liable  to  garnishment,  attachment  and  execution 
except  as   exempted   by  law." — Simpson,    February   25,    1909. 

A  contract  for  hiring  with  a  teacher  must  be  made  in  writing  at  a  meeting 
of  the  board  called  for  that  purpose.  At  such  meeting,  the  action  of  two  mem- 
bers is  sufficient,  except  with  teachers  related  by  blood  or  marriage  to  a  mem- 
ber of  the  board.      ( ,   1913.) 

Teachers  related  by  blood  or  marriage  to  a  member  of  the  board  can  be  em- 
ployed   only    upon    unanimous    vote    of    the    full    board    by    a    contract    in    writing 

which  shall  specify  the  time  of  employment  and  the  wages  per  month.     ( 

1913.) 

A  school  district  cannot  employ  a  teacher,  as  such,  except  one  qualified  ac- 
cording to  law;  but  there  is  no  objection  to  the  employment  of  a  person  who  Is  a 
student  In  a  normal  deparment  as  assistant  to  a  qualified  teacher,  provided  here 
are  sufficient  funds  for  the  purpose  and  the  necessities  of  the  situation  reasonably 
justify  such  an  expenditure.     (Smith,  January  25,  1915.) 

There  is  nothing  in  the  law  preventing  the  employment  of  a  married  person 
as  teacher  or  to  prevent  one  already  employed  from  marrying  while  acting  as 
teacher  under  contract;  and  a  teacher  otherwise  qualified  and  who  holds  a  legal 
contract  cannot  be  forced  to  resign  because  of  being  married.  (Smith,  October 
9.  1914.) 


90  SCHOOL   ADMINISTRATION. 

326.  To  keep  registers— Every  teacher  sluill  keep  a  register,  furnished 
by  the  clerk,  sliowinf;  tlie  daily  attendance  of  each  pupil,  and  such  other 
matter.s  as  may  be  required  in  such  register.  He  shall  also  keep  such  rec- 
ord of  deportment  and  scholarship  as  may  be  required  by  the  board.  The 
register  shall  show  the  names  and  ages  of  all  pupils,  the  names  and  num- 
ber of  days'  attendance  of  all  pupils  between  the  ages  of  five  and  eight  years, 
between  eight  and  fifteen  years,  and  between  fifteen  and  twenty-one  years, 
and  the  names  of  all  paying  tuition.  In  common  districts  the  teacher  shall 
return  such  register  properly  kept  to  the  clerk  within  ten  days  after  the 
close  of  the  first  term  of  the  school  year.     (2833) 

327.  To  report  to  county  superintendent  —Such  teacher  shall,  within  the 
same  time,  make  his  report  to  the  county  superintendent  upon  blanks  fur- 
nished by  the  superintendent  through  the  clerk,  giving  the  names  in  full 
of  all  pupils  enrolled  and  the  number  of  days'  attendance  of  each,  checking 
with  a  full  report  of  names  of  all  under  five,  over  twenty-one,  or  paying 
tuition,  and  all  names  so  checked  shall  not  be  counted  for  apportionTiiont. 
Within  like  time  after  the  close  of  each  succeeding  term,  he  shall  make  a 
further  report,  showing  in  like  manner  all  additional  enrollments  daring 
such  term,  the  number  of  days  that  each  pupil  has  attended  in  such  term, 
and  such  other  matters  as  may  be  called  for  in  the  blanks.  The  superin- 
tendent shall  receipt  for  such  reports.  No  order  shall  be  issued  for  the 
payment  of  the  wages  of  any  teacher  while  he  is  in  default  in  making  such 
reports  or  in  returning  his  register.  In  joint  districts  a  report  shall  be 
made  to  the  superintendent  of  each  county  showing  county  in  which  each 
pupil  resides.  Teachers  and  principals  in  other  districts  shall  make  such 
report  as  mav  be  required  bv  law  or  the  rules  of  the  board  under  like  apneal. 
(2834) 

328.  State  teacher's  employment  bureau — There  is  hereby  established 
a  bureau  for  the  purpose  of  securing  employment  for  teachers  in  the  public 
schools  in  this  state,  to  be  known  as  the  State  Teachers'  Employment 
Bureau,  and  to  be  maintained  in  connection  with  the  department  of  public 
instruction,  under  the  direction  of  the  superintendent  of  public  instruction, 
as  hereinafter  provided.     (2865) 

329.  Same;  who  shall  be  entitled  to  enrollment — Any  person  having  a 
certificate  to  teach  in  this  state,  or  who  has  completed  a  course  of  study  as 
required  for  the  issuance  of  a  certificate,  or  who  may  be  found  entitled  to 
receive  such  certificate,  and  who  is  deemed  to  be  a  fit  and  capable  person 
for  teaching,  shall  be  entitled  to  enroll  with  said  State  Teachers'  Employ- 
ment Bureau  upon  complying  with  the  regulations  hereinafter  referred  to, 
and  upon  the  payment  of  an  annual  fee  of  three  (3)  dollars,  which  fee  shall 
entitle  the  person  so  enrolled,  to  the  privileges  and  services  of  said  bureau 
for  the  term  of  one  vear  from  the  date  of  filing  of  enrollment  and  receipt  of 
fee.     (2866) 

330.  Same;  purpose  of,  to  furnish  information-It  shall  be  the  purpose 
of  the  State  Teachers'  Employment  Bureau  to  furnish  information  to  boards, 
superintendents,  principals,  or  other  proper  authorities  of  public  schools, 
upon  request,  regarding  teachers,  and  to  furnish  teachers  enrolled  with  the 
bureau,  information  relative  to  vacancies  in  positions  in  public  schools;  but 
no  person  connected  with  the  State  Teachers'  Employment  Bureau  shall  be 
held  responsible  for  nor  be  understood  to  vouch  for  the  fitness  or  success 
of  any  teacher  who  may  secure  a  position  in  a  public  school  through  the 
said  bureau,  nor  shall  the  acceptance  of  the  enrollment  and  payment  of  the 
annual  fee  be  construed  as  a  guaranty  for  securing  through  the  bureau  em- 
ployment to  teach.     (2867) 

331.  Same;  director,  duties — The  superintendent  of  public  instruction 
shall  appoint  a  person  who  shall  be  known  as  the  director  of  the  State 
Teachers'  Employment  Bureau,  who  shall  perform  his  duties  under  the  gen- 
eral supervision  of  said  superintendent,  and  serve  during  his  pleasure,  and 


1 


SCHOOL   ADMINISTRATION.  01 

who  shall  be  furnished  necessary  office  rooms  in  the  .state  capitol.  The 
superintendent  of  public  instruction  may  appoint  such  clerical  and  other  as- 
sistants as  may  be  required  to  carry  out  the  purposes  of  this  act,  but  the 
expense  therefor  shall  not  exceed  the  moneys  appropriated  therefor.  Said 
superintendent  shall  be  charged  ■with  the  general  niana2;ement  and  control 
of  said  Teachers'  Employment  Bureau,  and  shall  make  the  necessary  rules 
and  regulations  for  conducting  its  affairs  and  for  the  obtaining  of  informa- 
tion as  to  the  experience,  qualificatioin  and  character  of  persons  seeking  em- 
ployment. He  shall  collect  and  receipt  for  all  fees  provided  for  in  this  act, 
and  report  and  pay  said  fees  to  the  state  treasurer  once  in  each  month.  He 
shall  furnish  to  the  state  a  surety  bond  in  sum  to  be  fixed  by  the  governor 
and  state  auditor,  the  cost  thereof  to  be  paid  for  from  the  funds  ai)propriiited 
for  the  bureau.     (2868) 

STATE    TEACHERS'    INSURANCE   AND   RETIREMENT    FUND. 

332.  Pensions  and  annuities  for  teachers;  definition  of  terms — The  word 
teacher  as  used  in  this  act  shall  include  any  teacher,  supervisor,  principal, 
superintendent,  or  certified  librarian  employed  in  any  educational  or  admin- 
istrative capacity  in  the  public  schools  of  Minnesota,  or  in  any  educational, 
correctional,  or  charitable  institution  supported  wholly  or  in  part  by  this 
state,  excepting  those  employed  in  the  University  of  Minnesota.  The  term 
"member  of  the  Fund  Association,"  wherever  used  in  this  act,  shall  mean  and 
include  every  teacher  (as  herein  defined),  Avho  shall  contribute  to  the  Teach- 
ers' Insurance  and  Retirement  Fund  by  the  payment  of  the  dues  hereinafter 
provided  by  this  act.     (Sec.  1,  c.  199,  Laws  1915) 

333.  Same;  state  fund  for,  sources  of — For  the  purpose  of  better  com- 
pensating the  teachers  in  the  public  schools  and  making  the  occupation  of 
"teacher"  in  this  state  more  attractive  to  qualified  persons,  there  is  hereby 
established  for  the  state  a  fund  to  be  known  as  the  "Teachers'  Insurance 
and  Retirement  Fund,"  for  the  benefit  of  teachers  who  have  served  not  less 
than  twenty  (20)  years  except  as  hereinafter  provided.  Said  fund  shall  be 
secured  from  the  following  sources: 

First.  From  assessments  on  the  members  of  the  fund  association  ac- 
cording to  the  following  schedule: 

For  the  first  five  years  of  teaching  service,  f.'i.OO  per  year; 

For  the  second  five  years,  $10.00  per  year; 

For  the  next  ten  years,  $20.00  per  year; 

For  the  next  five  years,  $30,00  per  year; 
provided  that  when  the  regular  annual  salary  as  teacher  of  any  member 
of  the  fund  association  shall  have  reached  $1,500  or  more  said  member  shall 
be  assessed  upon  a  percentage  basis  as  follows:  One  and  one-half  (l^i:)  per 
centum  per  annum,  but  not  more  than  twenty  (20)  dollars  per  year  for  the 
first  ten  years  of  service  as  a  teacher;  and  two  (2)  per  centum  per  annum 
but  not  more  than  forty  (40)  dollars  per  year  for  each  successive  year  of 
service  as  teacher;  provided  thatin  no  case  shall  the  annual  assessments 
based  on  a  percentage  rate  be  less  for  any  year  than  the  flat  rate  assess- 
ments for  a  single  year  of  the  corresponding  period,  said  assessment  period 
to  cover  not  more  than  twenty-five  (25)  years  in  all,  after  which  all  assess- 
ments shall  cease. 

Second.  From  all  money  and  property  received  as  donations,  gifts, 
legacies,  devises,  bequests  or  otherwise,  for  the  benefit  of  said  Teachers' 
Insurance  and  Retirement  Fund. 

Third.  From  all  interest  arising  from  investments  of  the  money  belong- 
ing to  said  fund. 

Fourth.  From  a  tax  of  one-twentieth  (1-20)  of  one  mill  which  is  hereby 
levied  annually  on  all  the  taxable  property  located  in  that  part  of  the  state 
subject  to  the  provisions  of  this  act,  after  the  valuation  of  said  property  has 
been  equalized  by  the  state:   said  tax  to  be  collected  by  the  same  officials 


92  SCHOOL   ADMINISTRATION 

and  at  thfe  same  time  and  In  the  same  manner  as  other  taxes  in  said  state, 
all  moneys  received  from  the  tax  hereby  levied  to  be  paid  into  and  become  a 
part  of  the  said  Teachers'  Insurance  and  Retirement  Fund. 

The  assessments  upon  the  members  of  the  fund  association  hereinbefore 
referred  to  shall  be  paid  in  as  many  equal  monthly  payments  as  there  are 
months  in  the  school  year  for  which  the  teachers'  salaries  are  paid,  and  such 
assessments  shall  be  deducted  by  the  several  boards  of  education  or  manag- 
ing bodies  from  the  salaries  of  teachers  as  hereinatfer  provided. 

Credit  on  period  of  service  may  be  allowed  to  applicants  for  member- 
ship for  periods  of  employment  prior  to  the  taking  effect  of  this  law;  but 
in  such  case  the  applicant  nmst  pay  arrearages  at  the  above  rates  for  the 
period  of  service  for  which  credit  is  so  allowed  under  rules  to  be  adopted 
by  the  board  of  trustees,  hereinafter  referred  to,  and  the  rules  adopted 
by  said  board  shall  be  uniform  in  their  operation  as  to  all  persons  affected. 
In  case  any  teacher  has  retired  for  any  cause  before  he  or  she  has  paid  in 
fees  a  sum  equal  to  the  full  amount  of  fees  required  for  the  annuity  applied 
for  and  to  which  such  teacher  is  entitled  by  period  of  service,  there  shall  be 
deducted  from  the  first  year's  annuity  to  such  teacher  such  sum  as  will  make 
the  total  amount  paid  by  said  teacher  equal  to  the  full  amount  of  said  fees. 
(Sec.  2,  0.  199,  Laws  1915) 

334.  Same;  contributions  from  teachers — How  paid  and  collected — It 
is  hereby  made  the  duty  of  each  board  of  education  or  managing  body  re- 
quired by  law  to  draw  the  warrants  or  orders  for  payment  of  salaries  of 
teachers  to  deduct  and  withhold  from  each  month's  salary  due  to  such  teach- 
er the  amount  which  such  teacher  is  required  to  pay  into  said  insurance 
and  retirement  fund  as  herein  specified,  and  at  the  time  of  such  deduction 
a  statement  showing  the  amount  of  such  deductions  shall  be  furnished  to 
such  teacher. 

Such  board  of  education  or  other  managing  body  shall,  between  the  first 
and  fifteenth  of  January  and  between  the  first  and  fifteenth  of  July  of  each 
year,  forward  to  the  treasurer  of  the  county  in  which  such  school  district 
is  situated  a  statement,  verified  by  the  secretary  or  clerk  thereof,  showing 
the  amount  of  money  so  retained  from  each  teacher  in  accordance  with  the 
provisions  of  this  act,  and  w^ith  said  statement  shall  transmit  the  entire 
amount  so  retained  to  the  treasurer  of  said  county:  and  in  case  any  school 
district  is  situated  in  more  than  one  county  such  report  and  remittance  shall 
be  sent  to  the  senior  county.  Said  board  of  education  or  other  managing 
body  shall  also,  on  or  before  the  fifteenth  day  of  July  of  each  year,  trans- 
mit to  the  county  superintendent  a  statement  showing  the  name  of  each 
teacher,  the  number  of  months  of  school  taught  during  the  year  for  which 
the  statement  is  made,  the  number  of  months  which  constitute  a  school 
year  in  said  district  or  institution,  and  the  total  amount  withheld  from  the 
salary  of  each  teacher  for  the  school  year  preceding,  showing  also  the  num- 
ber of  years  each  of  said  teachers  has  taught  in  the  public  schools  of  that 
district.  If  no  teacher  in  such  public  school  or  other  educational  institution 
comes  under  the  provisions  of  this  act,  said  report  shall  state  such  fact 
and  shall  be  verified  by  the  oath  of  the  clerk  or  secretary.  The  failure  of  any 
member  of  a  school  board,  board  of  education  or  other  body  having  the  man- 
agement of  any  educational  institution  to  perform  any  of  the  duties  herein 
required  of  them  shall  be  a  misdemeanor. 

Each  county  superintendent  shall  each  year,  on  or  before  the  first  day 
of  September,  report  under  oath  to  the  board  of  trustees  of  the  State  Teach- 
ers' Insurance  and  Retirement  Fund,  giving  an  itemized  summary  of  the 
statements  received  by  him  from  the  school  boards  and  other  educational 
managing  bodies,  showing  the  total  amount  withheld  from  the  salaries  of 
teachers  in  said  county  for  the  benefit  of  said  Insurance  and  retirement  fund. 
Between  the  fifteenth  and  thirtieth  day  of  January  and  between  the  fifteenth ' 
and  thirtieth  day  of  July  of  each  year,  the  county  treasurer  of  each  county 
shall  transmit  to  the  state  treasurer  all  moneys  received  from  the  boards  of 
education  or  other  managing  bodies  of  school  districts  or  other  educational 


SCHOOLf  ADMINISTRATION.  93 

institutions,  in  accordance  with  the  provisions  of  this  act,  and  shall  certify 
under  oath  to  the  correctness  of  the  amount  so  received  and  transmitted. 
The  state  treasurer  shall  credit  all  moneys  received  under  the  provisions 
of  this  act  to  the  State  Teachers'  Insurance  and  Retirement  Fund. 

Provided,  however,  that  the  state  treasurer,  the  several  countv  treas- 
urers and  the  treasurers  of  the  various  school  districts  shall  be  officially 
liable  for  the  receipt,  handling  and  disbursement  of  all  moneys  coming  into 
their  hands  belonging  to  the  said  State  Teachers'  Insurance  and  Retirement 
Fund,  and  the  securities  on  the  official  bonds  of  each  of  said  treasurers 
shall  be  liable  for  such  money  the  same  as  for  all  other  moneys  belonging 
to  the  school  funds  of  this  state.     (Sec.  3,  c.  199,  Laws  1915) 

335.  Same;  management  of  fund,  board  of  trustees,  powers  of — The 
management  of  the  fund  shall  be  vested  in  a  board  of  five  (5)  trustees, 
which  shall  be  known  as  the  "Board  of  Trustees  of  the  Teachers'  Insurance 
and  Retirement  Fund."  Said  board  shall  be  composed  of  the  following  per- 
sons: The  state  superintendent  of  education,  the  state  auditor,  the  attorney 
general  and  two  (2)  members  of  the  fund  association,  who  shall  be  elected  by 
the  members  of  the  fund  association  at  the  time  and  place  of  the  annual 
meeting  of  the  Minnesota  Educational  Association  and  shall  serve  for  the 
term  of  two  years  beginning  on  the  first  Monday  of  January  next  succeeding 
their  election,  except  in  the  case  of  the  first  elective  members,  who  shall 
assume  office  immediately  after  their  felction  and  srve  one  for  one  year  and 
one  for  two  years  from  the  first  Monday  of  January  nevt  succeeding  their 
election  and  until  their  successors  are  elected.  Vacancies  in  the  elective  mem- 
bership of  the  board  shall  be  filled  by  appointment  by  said  board  of  trus- 
tees, the  appointee  to  serve  until  the  next  meeting  of  the  fund  association, 
whwen  the  members  of  said  fund  association  shall  elect  a  trustee  or  trustees 
to  srve  for  the  unexpired  term  or  terms.  No  person  shall  be  appointed  by 
the  board  of  trustees  or  elected  by  the  members  of  the  fund  association  as 
a  member  of  the  boai'd  of  trustees  who  is  not  a  member  of  the  fund  asso- 
ciation at  the  time  of  the  appointment  or  election. 

In  the  interval  between  the  passage  of  this  act  and  the  time  when  the 
first  elective  members  of  the  board  of  trustees  shall  assume  office,  as  here- 
inbefore provided,  the  superintendent  of  education,  the  state  auditor  and 
the  attorney  general  shall  constitute  a  temporary  board  of  trustees  of  the 
Teachers'  Insurance  and  Retirement  Fund  and  shall  be  empowered  to  per- 
form the  duties  of  said  board. 

Said  board  of  trustees  shall  have  power  to  frame  by-laws  for  its  own 
government,  not  inconsistent  with  the  laws  of  the  state,  and  to  modify  them 
at  pleasure;  to  elect  one  of  its  own  members  as  president  of  the  board  and 
to  provide  and  enforce  all  rules  and  regulations  necessary  to  carry  into  ef- 
fect the  provisions  of  this  act;  to  elect  a  secretary,  who  shall  serve  during 
the  pleasure  of  the  board,  and  to  fix  the  salary  and  prescribe  the  duties 
of  the  office  of  secretary;  to  authorize  the  issuance  of  warrants  by  the  state 
auditor  on  the  state  treasurer,  for  the  payment  out  of  said  fund  of  all 
annuities  or  benefits  payable  under  the  provisions  of  this  act,  of  the  salary 
of  the  secretary,  and  other  necessary  expenses. 

All  applications  for  annuities  or  benefits  under  this  act  must  be  made 
to  said  board.  In  passing  upon  said  applications,  said  board  may  summon 
witnesses  and,  in  the  ca.'^e  of  applications  founded  on  disability,  may  re- 
quire any  applicant  to  submit  to  a  medical  examination  at  his  or  her  own 
expense,  and,  in  the  case  of  all  applicants,  may  conduct  any  reasonable  in- 
vestigation to  determine  the  justice  of  any  claim  submitted.  It  may  sue  or 
be  sued  in  the  riame  of  the  board  of  trustees  of  the  Teachers'  Insurance  and 
Retirement  Fund,  and,  in  all  actions  brought  by  or  against  it,  said  board 
shall  be  represented  by  the  attorney  general.  Said  board  shall  constitute 
a  part  of  the  state  government,  but  in  any  action  brought  against  it  by  any 
person  claiming  to  be  a  beneficiary  of  said  Teachers'  Insurance  and  Retire- 
ment fund  it  shall  not  claim  immunity  from  suit. 


94  SCHOOL   ADMINISTRATION. 

It  shall  be  the  duty  of  said  board  to  invest  as  mucli  of  the  funds  in  its 
hands  as  shall  not  be  needed  for  current  purposes.  Such  investments  shall 
be  made  in  the  same  class  of  securities  as  those  in  which  the  school  funds 
of  the  state  are  required  to  be  invested,  and  all  securities  taken  upon  such 
investments  shall  be  deposited  with  the  state  treasurer;  but  in  case  of  ne- 
cessity such  securities  may  be  sold  in  order  to  raise  money  for  current  pur- 
poses. No  such  sale  shall  be  made  except  by  the  unanimous  vote  of  said 
board,  such  vote  to  be  entered  upon  the  records  of  its  proceedinss.  All  in- 
terest obtained  from  such  investments  shall  be  placed  in  the  general  fund, 
to  be  used  for  current  purposes.  A  suitable  office  in  the  capitol,  with  suit- 
able furniture  and  necessary  office  supplies,  shall  be  provided  by  the  proper 
state  officer  for  the  use  of  said  board  of  trustees.     (Sec.  4,  c.  199,  Laws  1915) 

336.  Same;  meetings  of  board  of  trustees,  compensation  and  expenses 
of — The  board  of  trustees  shall  meet  annually  at  the  office  of  the  secretary, 
in  the  state  capitol,  on  the  second  Saturday  in  September  at  an  hour  to  be 
fixed  by  the  board.  Special  meetings  may  be  held  at  any  time  on  the  call 
of  the  president  of  said  board  or  by  any  three  members  thereof.  The  state 
auditor,  state  superintendent  of  education  and  attorney  general  shall  serve 
as  members  of  said  board  without  additional  compensation,  but  the  elective 
members  of  said  board  shall  be  entitled  to  compensaiton  at  the  rate  of  five 
dollars  per  day  and  necessary  expenses,  while  attending  all  meetings  of 
said  board,  to  be  paid  out  of  the  insurance  and  retirement  fund.  (Sec.  5, 
c.  199,  Laws  1915.) 

337.  Same;  fiscal  year,  reports  of  trustees  and  publication  of — The  fis- 
cal year  of  the  insurance  and  retirement  fund  shall  begin  on  the  first  day 
of  August  and  shall  end  on  the  thirty-first  day  of  July.  The  board  of  trus- 
tees shall  present  annually  to  the  fund  association  at  its  annual  meeting 
hereinafter  provided  for,  a  report  of  the  condition  of  said  funds  for  the  last 
preceding  year,  which  shall  include  the  receipts  and  expenditures  on  ac- 
count of  the  fund,  together  with  a  list  of  the  beneficiaries  thereof  and  of 
the  securities  in  which  said  fund  is  invested.  A  copy  of  said  report  shall  be 
sent  to  the  governor,  a  copy  shall  be  retained  by  the  state  superintendent 
of  education,  and  a  copy  sent  to  each  county  superintendent,  city  superin- 
tendent, graded  school  principal,  and  the  superintendent  or  president  of  each 
state  educational  institution.  This  report  shall  be  published  in  the  biennial 
report  of  the  state  superintendent  of  education.     (Sec.  6,  c.  199,  Laws  1915.) 

338.  Same;  state  treasurer  to  be  treasurer  of  fund,  duties  of— The  treas- 
urer of  the  state  shall  be  ex-officio  treasurer  of  the  Teachers'  Insurance  and 
Retirement  Fund,  and  his  general  bond  to  the  state  shall  cover  any  liabilities 
for  his  acts  as  treasurer  of  said  fund.  He  shall  receive  all  moneys  payable 
to  said  fund  and  pay  out  the  same  only  on  warrants  issued  by  the  state 
auditor  upon  vouchers  signed  by  the  president  and  secretary  of  the  board 
of  trustees.  Said  treasurer  shall  give  receipts  for  all  moneys  received  by 
him  for  said  fund,  shall  keep  full  and  correct  account  of  the  financial  trans- 
actions connected  therewith,  and  shall  make  an  annual  report  to  the  board 
of  trustees  at  its  annual  meeting  of  the  receipts  and  disbursements  and  other 
financial  transactions  connected  with  said  fund.     (Sec.  7,  c.  199,  Laws  1915) 

339.  Same;  membership  and  conditions  thereof — Any  person  em- 
ployed as  teacher,  when  this  act  takes  effect,  in  any  public  school  in  this 
state  or  in  any  other  educational  institution  included  in  section  one  of  this 
act  shall  be  permitted  to  become  a  member  of  the  fund  association  and  to 
,-eceive  the  benefits  of  this  act,  if  application  be  made,  in  writing  to  the 
board  of  trustees  of  the  Teachers'  Insurance  and  Retirement  Fund  on  or 
before  September  1,  1917.  At  the  time  of  making  application  to  the  board 
of  trustees  as  herein  provided,  such  teachers  shall  notify  the  local  school 
board  or  managing  body  of  the  institution  in  which  he  or  she  is  employed,  in 
writing,  of  his  or  her  election  to  come  within  the  provisions  of  this  act  and 
shall   authorize  said   board  or  managing  body  as  a  'part   of  said  notice  to 


SCHOOL   ADMINISTRATION.  95 

deduct  or  withhold  on  every  pay  day  from  his  or  her  sahiry   the  amount 
which  he  or  she  would  pay  into  the  fund,  as  specified  in  section  two. 

Any  person  who  shall  accept  employment  in  this  state  as  a  teacher, 
as  hereinabove  defined  after  September  1,  1915,  and  who  shall  not  have 
been  employed  in  this  state  at  the  time  this  act  takes  effect  shall  by  virtue 
of  the  acceptance  of  such  employment  become  subject  to  all  terms,  provis- 
ions, and  conditions  of  this  act,  and  shall  become  a  member  of  the  fund 
association.     (Sec.  8,  c.  199,  Laws  1915) 

340.  Same;  annuities,  schedule  and  payment  of — Any  member  of  the 
fund  association  who  shall  have  rendered  twenty  (20)  years  or  more  of 
service  as  a  teacher  in  the  public  schools,  one  year  of  which  may  have 
been  a  leave  of  absence  for  study,  and  at  least  fifteen  years  of  which, 
including  the  last  five  immediately  ])receding  the  term  of  retirement,  have 
been  spent  in  the  public  schools  of  this  state  and  who  ceases  to  be  em- 
ployed as  a  teacher  for  any  reason  shall  be  retired  at  his  or  her  own  re- 
quest by  the  board  of  trustees  and  receive  an  annuity  in  accordance  with 
the  following  schedule: 

For  20  years  of  service $350.00 

For  21  years  of  service 380.00 

For  22  years  of  service 410.00 

For  23  years  of  service 440.00 

For  24  years  of  service 470.00 

For  25  years  of  service 500.00 

In  computing  the  time  of  service  of  a  teacher,  the  length  of  the  legal 
school  year  in  the  district  or  institution  where  such  service  was  rendered 
shall  constitute  a  year,  provided  such  year  shall  not  be  less  than  seven 
months.  In  a  calendar  year  credit  shall  be  allowed  for  only  one  year  of 
service.  If  a  teacher  teaches  for  only  a  fractional  part  of  any  year,  credit 
shall  be  given  for  such  fractional  part  of  a  year  as  the  term  of  service 
rendered  shall  bear  to  the  legal  school  year  of  such  district  or  institution, 
but  in  no  case  shall  the  legal  year  be  less  than  seven  months. 
Such  annuities  shall  be  paid  quarterly. 

Any  teacher  who  shall  become  mentally  or  physically  incapacitated 
after  having  served  as  teacher  for  fifteen  (15)  years,  ten  (10)  of  which  shall 
have  been  in  this  state  shall  be  entitled  to  receive  an  annual  benefit  from  the 
insurance  and  retirement  fund  equal  to  as  many  twentieths  of  the  full  an- 
nuity for  twenty  (20)  years  as  the  term  of  total  service  rendered  by  such 
teacher  bears  to  twenty  (20)  years. 

Any  person  retiring  under  the  provisions  of  this  section  may  return  to 
the  work  of  teaching  in  said  public  schools,  but  during  said  term  of  teaching 
Ihe  annuity  or  benefit  paid  to  such  person  shall  cease.  Said  annuity  shall 
again  be  paid  to  such  person  upon  his  or  her  further  retirement.  (Sec.  9,  c. 
199,  Laws  1915) 

341.  Same;  refundment  on  termination  of  membership,  conditions  of — 
In  the  event  that  any  member  of  the  fund  association  ceases  to  be  a  teacher 
in  the  state  and  thereby  terminates  membership  in  the  fund  association 
before  drawing  an  annuity,  such  member  shall,  if  application  be  made  in  writ- 
ing to  the  board  of  trustees  within  six  months  after  his  or  her  resignation, 
be  entitled  to  the  return  out  of  the  fund  without  interest  of  such  sum  as 
shall  equal  one-half  of  all  moneys  paid  into  the  fund  by  such  teacher;  provid- 
ed further,  that,  in  the  event  such  teacher  subsequently  returns  to  teaching 
in  Minnesota  and  thereby  becomes  a  member  of  said  association,  such 
teacher  shall  be  required  to  refund  to  said  insurance  and  retirement  fund 
the  amount  so  drawn  with  interest  thereon  at  the  rate  of  five  per  cent  per 
annum,  such  sum  to  be  refunded  within  one  year  from  his  or  her  return. 
In  case  of  the  death  of  any  member  of  this  fund  association  before  an  an- 
nuity shall  have  been  drawn  from  said  fund,  the  board  of  trustees  shall  re- 
fund to  his  or  her  estate,  heirs,  or  assigns  an  amount  equal  to  one-half  that 
annuity  paid  into  the  fund  by  said  member.     (Sec.  10,  c.  199,  Laws  1915) 


96  STATE  UNIVERSITT. 

342.  Same;  annuities  not  subject  to  legal  process — The  annuity  so 
created  shall  not  be  subject  to  assiKiinient  or  seizure  on  legal  process  against 
and  beneliciary.     (Sec.  11,  c.  199,  Laws  1915) 

343.  Same;  reduction  of  annuities,  when  and  how  effected — The  board 
of  trustees  may  ratably  reduce  the  annuities  provided  in  this  act  whenever, 
in  the  judgment  of  the  board,  the  condition  of  the  fund  shall  require  such 
reduction.     (Sec.  12,  c.  199,  Laws  1915) 

344.  Same;  when  and  how  annuities  may  be  granted — Annuities  may 
be  granted  by  the  board  of  trustees  at  any  time  alter  the  passage  of  this 
act,  such  annuities  beginning  at  the  date  on  which  the  grant  is  made,  but 
no  pavments  shall  be  made  before  September  1,  1916.  (Sec.  13,  c.  199,  Laws 
1915) 

345.  Same;  elections  of  two  members  of  trustees  by  teachers — At  the 
time  and  place  of  the  meeting  of  the  Minnesota  Educational  Association  m 
1915,  those  teachers  who  have  qualified  as  members  of  the  fund  association 
by  complying  with  the  provisions  of  section  8,  of  this  act  shall  meet  at  the 
call  of  the  state  superintendent  of  education  for  the  purpose  of  electing  from 
said  members  of  the  fund  association  two  members  of  the  board  of  trustee.? 
of  the  Teachers'  Insurance  and  Retirement  Fund,  as  hereinbefore  provided, 
and  annually  thereafter  at  the  time  and  place  of  the  annual  meeting  of  the 
Minnesota  Educational  Association  the  board  of  trustees  sh^^ill  call  a  meeting 
of  the  members  of  the  fund  association  for  the  purpose  of  electing  one  or 
more  members,  as  may  be  required,  of  said  board  of  trustees,  and  hearing 
the  annual  report  of  said  board,  and  of  transacting  any  other  business  that 
may  properly  come  before  said  meeting.    (Sec.  14,  c.  199,  Laws  1915) 

346.  Same;  act  not  to  apply  to  certain  cities — This  act  shall  not  apply 
to  any  city  of  the  first  class  in  this  state.     (Sec.  15,  c.  199,  Laws  1915) 

TEACHERS'   RETIREMENT   FUND   ASSOCIATIONS. 

347.  Note — The  new  law  of  1915  relating  to  State  Teachers'  Insurance 
and  Retirement  Fund,  being  chapter  199  of  Laws  of  1915  and  sections  332  to 
346  inclusive  of  this  compilation,  neither  repeals  nor  affects  the  prior  law 
relating  to  Teachers'  Retirement  Fund  Associations  in  cities  of  more  than 
ten  thousand  population,  being  chapter  343,  Laws  of  1909  as  amended  by 
chapter  338,  Laws  of  1911,  and  sections  1422  to  1430,  general  statutes  of  1913. 
The  latter  law  is  omitted  from  this  compilation  for  the  reason  that  asso- 
ciations under  it  have  been  formed  only  in  two  or  three  of  the  larger  cities 
and  are  not  likely  to  be  formed  elsew^here  hereafter.  For  the  old  law  see 
sections  1422  to  1430,  general  statutes  of  1913. 

CHAPTER  XIII. 

STATE  UNIVERSITY. 

348.  Board  of  regents — The  government  and  general  educational  man- 
agement of  the  state  university  is  vested  in  a  board  of  twelve  regents, 
consisting  of  the  governor,  the  state  superintendent,  the  president  of  the 
university,  ex-officio,  and  nine  other  regents  appointed  by  the  governor  by 
and  with  the  advice  and  consent  of  the  senate.  Such  board  shall  be  a  body 
corporate  under  the  name  of  the  University  of  Minnesota.  It  shall  have  a 
common  seal  and  alter  the  same  at  pleasure.     (3010) 

The  board  of  regent.s  of  the  university  cannot  make  promissory  notes  in  the 
commercial  sense,  but  may  make  contracts  for  erecting  buildings  and  give  written 
evidence  of  debt  Incurred  therein,  payable  at  a  future  day,  out  of  the  fund  pro- 
vided by  the  legislature;  and  judgments  may  be  brought  against  the  board  for 
such  debts,  but  such  Judgments  tilnd  only  the  fund  on  the  faith  of  which  the 
credit  was  given.  All  per.eons  dealing  with  the  regents  must  take  notice  of  their 
powers.  The  title  to  all  lands  reserved  by  congress  for  the  use  and  support  of 
the  university,  and  of  all  property,  real  and  personal,  acquired  by  the  regents, 
with  the  fund  placed  at  their  disposal,   Is  In  the  state. — 7  M.  CI  (Gil.  45). 


STATE  UNrVERSITY.  97 

University  of  Minnesota — The  board  of  regents  of  liie  Buite  university  are  by 
section  4,  article  8,  of  tlie  constitution,  and  by  section  1470,  H.  L.  IKOa,  constituted 
a  body   corporate   under   tlie  name  of  tlie   University   of  Minnesota. 

Board  of  Regents— Such  board  is  by  law  exclusively  vested  with  the  manage- 
ment of  all  the  educational  affairs  of  the  Institution,  and  the  courts  of  the  state 
have  no  jurisdiction  to  control  its  discretion;  but,  If  the  board  refuses  to  per- 
form any  of  the  duties  imposed  upon  It  by  law,  mandamus  will  lie  to  compel 
it  to  act. 

349.  Same;  term  of  office — Vacancies — The  term  of  office  of  the  vegenis 
shall  be  six  years,  and  until  their  successors  qualify,  beginning  on  the  first 
Wednesday  in  March  succeeding  their  appointment.  Any  appointment  to 
fill  a  vacancy  shall  be  for  the  unexpired  term.     (3011) 

350.  Same;  organization — The  board  shall  elect  one  of  its  member.s  as 
president,  and  also  a  recording  secretary  and  treasurer,  neither  of  whom 
may  be  a  regent,  and  in  its  discretion  it  may  elect  a  vice  president.  They 
shall  hold  office  during  the  pleasure  of  the  board.  The  annual  meeting 
shall  be  held  on  the  second  Tuesday  in  December.  Such  special  meetings 
may  be  held  as  the  board  may  direct.  Before  entering  upon  the  duties  of  his 
office,  the  president  shall  file  with  the  secretary  of  state  a  bond  to  the 
state  in  the  sum  of  ten  thousand  dollars,  and  the  treasurer  a  bond  in  the 
sum  of  fifty  thousand  dollars,  both  to  be  approved  by  the  governor,  con- 
ditioned for  the  faithful  performance  of  the  duties  of  their  respective  offices. 
(3012) 

351.  Same;  powers  and  duties — The  board  shall  enact  by-laws  for  the 
educational  government  of  the  university,  and  shall  elect  proper  professors. 
Including  a  professor  in  Scandinavian  language  and  literature,  teachers,  offi- 
cers and  employes,  and  fix  their  salaries  and  terms  of  office,  determine  the 
moral  and  educational  qualifications  of  applicants  for  admission,  prescribe 
text-books  and  authorities  and  courses  of  study,  and,  in  their  discretion,  con- 
fer such  degrees  and  diplomas  as  are  usual  in  universities.  It  shall  have 
supervision  and  control  of  the  agricultural  experiment  station,  and  of  the 
experimental  tree  station,  and,  with  the  advice  of  the  president  and  sec- 
retary of  the  state,  horticultural  society,  shall  appoint  a  superintendent  of 
such  tree  station,  who  shall  report  to  the  board  as  It  may  direct,  and  to 
such  society  annually  in  person  at  its  winter  meeting.     (3013) 

352.  Same;  to  report  to  governor— On  or  before  the  second  Tuesday  in 
December,  the  board  shall  make  an  annual  report  to  the  governor,  showing 
in  detail  the  progress  and  condition  of  the  university  during  the  preceding 
university  year,  its  wants,  the  nature,  cost,  and  result  of  all  improvements, 
experiments  and  investigations,  the  number  and  names  of  professors,  teach- 
ers, and  students  in  each  department,  the  amount  of  money  received  and 
disbursed,  and  such  other  matters,  including  industrial  and  economic  stat- 
istics, as  it  may  deem  important.  A  copy  of  such  report  shall  be  trans- 
mitted to  each  college  or  university  endow^ed  by  act  of  congress,  and  to  the 
secretary  of  the  interior.    (3016) 

353.  Same;  power  to  accept  bequests,  etc.— The  University  of  Minne- 
sota may  accept,  in  trust  or  otherwise,  any  gift,  grant,  bequest,  or  devise 
for  educational  purposes,  and  may  hold,  manage,  invest,  and  dispose  of  the 
same,  and  the  proceeds  and  income  thereof,  in  accordance  with  the  terms 
and  conditions  of  such  gift,  grant,  bequest,  or  devise,  and  of  the  acceptance 
thereof;  and  any  person  or  persons  contributing  not  less  than  fifty  thousand 
dollars  to  the  university  may  endow  a  professorship  therein,  the  name  and 
object  of  which  shall  be  determined  by  the  board.     (3017) 

354.  Purchasing  agent;  powers  and  duties— The  president  of  the  board 
of  regents  by  and  with  the  consent  and  approval  of  the  members  of  said 
board,  shall  appoint  a  purchasing  agent,  whose  duties  shall  be  as  herein 
provided  for  and  whose  compensation  shall  be  fixed  by  the  said  board  of 
regents  and  paid  out  of  the  funds  provided  for  the  maintenance  of  said 
university.  The  said  purchasing  agent  shall  attend  to  the  purchasing  of  all 
necessary  supplies  for  the  several  departments  of  the  state  university.    Pre- 


98  STATE  UNIVERSITY. 

vious  to  the  termination  of  each  quarterly  period  of  the  year  the  dean  or 
other  execuitve  head  of  each  of  the  several  departments  of  the  state  univer- 
sity shall  prepare  estimates  in  detail  of  all  the  supplies  required  for  such 
department  for  the  ensuing  quaiterly  period.  Prior  to  the  opening  of  sucli 
quarterly  period  such  estimate  shall  be  submitted  by  the  said  dean  or  other 
executive  head  of  each  of  said  departments  to  the  executive  committee  of 
said  board  of  regents,  which  estimate  so  submitted  shall  be  carefully  ex- 
amined and,  if  necessary,  revised  by  said  executive  committee.  Upon  the 
approval  of  such  estimate  by  such  executive  committee  the  same  shall  be 
prepared  in  triplicate,  and  one  of  said  estimates  shall  be  retained  by  the  said 
board  of  regents,  and  one  thereof  shall  be  delivered  to  and  filed  with  the 
state  auditor  of  this  state.  Such  estimates  bearing  such  approval  shall  gov- 
ern and  control  said  purchasing  agent  in  the  purchasing  of  supplies  for  the 
several  departments  of  the  state  university.  No  disbursements  for  such  pur- 
poses shall  be  made  except  on  the  warrant  or  requisition  of  said  purchasing 
agent,  the  said  purchasing  agent  shall  give  bond  in  such  sum  as  said  board  of 
regents  shall  require  for  the  faithful  and  diligent  performance  of  his  duties. 
(3061) 

355.  Same;  to  submit  statements — Each  purchasing  agent  shall  at  the 
close  of  each  month  prepare  in  triplicate  statements  showing  all  purchases 
made  by  him  during  said  month  for  the  several  institutions,  the  names  and 
addresses  of  persons  from  whom  said  purchases  were  made  and  the  several 
prices  paid  therefor.  He  shall  accompany  the  same  with  an  affidavit  that 
the  statement  is  correct,  that  the  articles  therein  specified  were  duly  au- 
thorized by  the  proper  board  upon  prepared  statements  and  estimates,  were 
received  under  his  direction  at  the  institution  named  therein,  that  the  sev- 
eral prices  paid  therefor  were  reasonable,  that  said  goods  were  of  proper 
and  stipulated  quality  and  grade,  and  that  neither  he  nor  any  person  in  his 
behalf  has  any  pecuniary  or  other  interest  in  said  purchases,  or  has  re- 
ceived or  will  receive  in  any  way  any  pecuniary  or  other  benefit  therefrom. 

He  shall  also  each  month  prepare  in  triplicate  and  cause  to  be  re- 
ceipted by  the  signatures  of  the  several  parties  named  therein,  payrolls 
showing  the  monthly  salaries  and  compensation  of  all  officers,  teachers,  and 
employes  in  said  several  institutions,  and  shall  file  one  copy  of  said  state- 
ment and  said  payroll  with  the  president  of  the  board  of  regents  or  president 
of  the  normal  school  board,  as  the  case  may  be,  and  two  copies  with  the 
state  auditor.  The  auditor  upon  receiving  the  same  shall  draw  his  warrant 
upon  the  state  treasurer  for  the  amount  called  for  in  each  expense  list  and 
payroll,  and  transmit  the  same  to  the  treasurer,  attaching  thereto  a  copy 
of  said  expense  list  and  payroll.  Upon  receipt  of  the  same  the  treasurer 
shall  send  his  checks  to  the  several  persons  named  therein  for  the  amount 
of  their  respective  claims.     (3063) 

356.  Limitation  of  expenses  of  board  of  regents — No  member  of  the 
board  of  regents  or  of  the  normal  school  board,  and  no  person  in  the  em- 
ploy of  either  board  shall  be  paid  for  any  expense  incurred,  unless  it  shall 
appear  that  said  expense  was  duly  authorized  by  the  executive  committee 
nor  the  president  of  the  board,  and  an  itemized,  verified  account  of  the  same, 
accompanied  by  sub-vouchers,  where  said  sub-vouchers  are  practicable,  is 
furnished  by  the  claimant,  and  filed  with  the  state  auditor  for  his  written 
audit.  Such  verification  shall  state  that  said  expense  bill  is  just  and  cor- 
rect and  for  money  actually  and  necessarily  paid  or  to  be  paid  for  the  pur- 
poses therein  stated.  If  said  expense  is  to  be  insurred  in  visiting  another 
state,  then,  before  said  visit  is  authorized  or  undertaken,  the  said  executive 
committee  or  president  must  certify,  in  writing,  the  purpose  of  said  visit, 
the  necessity  existing  for  the  same,  and  the  maximum  expense  to  be  in- 
curred therefor,  which  certificate  must  be  presented  to  the  governor  of  the 
state  for  his  approval.  If  he  does  not  approve  the  same,  the  said  visit  shall 
not  be  undertaken.  If  the  above  provisions  are  complied  with,  the  auditor 
shall  pay  such  expense  account  in  the  same  manner  as  monthly  expenses 
and  salaries  are  paid  under  the  provisions  of  this  act.     (3064) 


STATE  UNIVERSlTy.  99 

357.  Board  of  regents  not  to  exceed  appropriations — It  shall  be  unlawful 
for  the  board  of  regents  of  the  normal  school  board  to  permit  any  expend- 
itures for  any  purpose  in  excess  of  the  amount  appropriated  or  contemplated 
by  law,  and  any  member  or  agent  of  either  of  said  boards  violating  this  pro- 
vision, shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall  be 
fined  not  less  than  one  hundred  dollars  ($100)  or  more  than  one  thousand 
dollars  ($1,000),  or  be  imprisoned  in  the  county  jail  for  not  less  than  six 
(6)  months,  or  by  both  fine  and  imprisonment.     (:-.065) 

358.  Financial  authority  of  board  of  control — The  board  of  control  shall 
have  and  exercise  full  authority  in  all  financial  matters  of  the  several  in- 
stitutions named  in  this  act,  so  far  only  as  relates  to  the  erection  and 
construction  of  new  buildings,  the  purchasing  of  fuel,  and  the  placing  of 
insurance  on  buildings  and  contents.  When  new  buildings  are  to  be  erected 
and  constructed  by  authority  of  the  state,  it  shall  be  the  duty  of  the  board 
of  control  to  cause  to  be  prepared  plans  and  specifications  for  the  same, 
but  in  so  doing  it  shall  consult  with  the  local  board  in  respect  to  said  plans 
and  specifications,  and  shall  adopt  and  carry  out  so  far  as  it  deems  practical, 
their  request  and  desires  in  the  matter.  Provided  that  said  state  board  of 
control  may  in  its  discretion  authorize  the  controlling  board  of  any  in- 
stitution, for  which  any  building  is  authorized  to  be  constructed,  to  con- 
struct such  building  in  case  the  cost  thereof  does  not  exceed  the  sum  of 
five  thousand  ($5,000.00)  dollars.  If  such  authorization  be  granted  said 
state  board  of  control  shall  file  its  written  consent  thereto  with  the  state 
auditor,  and  thereupon  such  building  may  be  constructed  under  the  direc- 
tion of  such  controlling  board. 

The  board  shall  not  let  any  contract  for  the  erection  and  construc- 
tion of  new  buildings  that  may  hereafter  be  constructed  without  first  pub- 
licly advertising  for  at  least  two  weeks  in  some  legal  newspaper  published 
in  the  county,  where  the  work  is  to  be  performed,  for  separate  sealed  bids 
for  general  construction,  plumbing,  heating,  ventilating  work  required  in 
the  construction  of  such  buildings,  and  for  separate  sealed  bids  covering 
the  entire  work  required  in  such  construction  in  which  advertisement,  the 
time  and  place  shall  be  fixed  for  the  opening  of  such  bid,  and  that  all  such 
bids  shall  be  opened  publicly,  and  a  record  of  the  same,  giving  the  name 
of  the  bidder,  the  classification  of  the  work  or  material  bid  upon,  and  the 
amount  of  the  bid,  shall  be  made  and  filed  with  the  secretary  of  said  board 
as  a  public  record,  and  that  no  such  contract  shall  be  made  and  entered 
into  except  with  competent  and  responsible  contractors  and  builders  who 
can  furnish  a  good  and  sufficient  bond  as  required  by  law.     (3066) 

359.  University,  colleges  and  departments — The  university  shall  com- 
prise: (1)  A  college  of  science,  literature  and  arts;  (2)  a  college  of  agri- 
culture, including  military  tactics;  (3)  a  college  of  mechanic  arts:  (4)  a 
college  or  department  of  law;  (5)  a  college  or  department  of  medicine;  (6) 
a  college  or  department  of  dentistry.     (3020) 

360.  Sectarian  instruction  prohibited — In  the  selection  of  professors, 
instructors,  officers  and  assistants  of  the  university,  in  the  studies  and 
exercises,  and  in  the  management  and  government  thereof,  no  partiality  or 
preference  shall  be  shown  on  account  of  political  or  religious  belief  or 
opinion,  nor  shall  anything  sectarian  be  taught  therein.     (3021) 

361.  Department  of  pedagogy — That  it  shall  be  the  duty  of  the  board 
of  regents  to  organize  and  establish  in  the  University  of  Minnesota  as  soon 
as  practicable  a  teacher's  college,  or  department  of  pedagogy,  for  the  pur- 
pose of  affording  proper  professional  training  for  those  persons  who  intend 
to  become  public  and  high  school  instructors,  principals  and  superintend- 
ents of  schools.    (3051) 

362.  School  of  mines— The  following  sums  are  hereby  appropriated 
annually,  out  of  the  state  treasusry :    For  the  support  of  the  school  of  mines 


100  STATE  UNIVERSITY. 

of  the  state  university,  five  thousand  dollars.  For  tlie  salaries  of  instructors 
in  said  school  of  mines  and  for  the  salary  of  a  professor  of  electrical  engi- 
neering in  said  university,  forty-five  hundred  dollars.     (3025) 

363.  Agricultural  extension  and  home  education. — The  board  of  regents 
of  the  University  of  Minnesota  is  hereby  authorized  and  directed  to  estab- 
lish a  division  of  agricultural  extension  and  home  education  in  the  depart- 
ment of  agriculture  of  the  University  of  Minnesota.     (3027) 

;;64.  Same;  purposes  of  work — The  purpose  and  work  of  said  division 
shall  be  to  devise  and  prescribe  comprehensive  elementary  courses  in  the 
various  phases  of  husbandry;  to  teach  such  courses  to  all  persons  in  the 
state  desiring  instruction  in  them,  or  any  of  them,  in  accordance  with  sec- 
tions 4  and  5  of  this  act,  by  means  of  correspondence  with  them  at  their 
homes;  by  providing  local  lectures,  demonstrations,  instructions  and  any 
information  calculated  to  elevate  agriculture  to  a  higher  economic  and  social 
plane  and  make  country  life  more  attractive  and  to  publish  frequent  home 
education  bulletins  which  shall  give  in  plain  and  practical  form  the  results 
of  the  experiments  and  investigations  of  the  various  divisions  of  the  state 
experiment  station  and  sub-stations  of  the  University  of  Minnesota  and 
such  other  information  as  may  be  useful  in  any  farm  home.     (3028) 

365.  Same;  officers  of  division — That  the  officers  of  said  division  shall 
be  a  chief,  who  shall  have  general  oversight  and  immediate  charge  of  the 
work  of  said  division  associates  consisting  of  the  chiefs  of  the  divisions  of 
investigation  and  instruction  in  the  department  of  agriculture  of  the  Univer- 
sty  of  Minnesota,  who  shall  serve  in  an  advisory  capacity;  and  editor  who 
shall  edit  and  prepare  for  publication  such  material  as  the  chief  of  the 
division  may  direct,  and  such  other  faculty,  assistants  and  clerks  as  may 
be  needed  for  the  greatest  usefulness  of  said  division.     (3029) 

366.  Same;  free  instruction — That  all  persons  who  reside  in  the  state 
of  Minnesota  shall  have  the  right  to  take  free  of  charge  any  courses  of  in- 
struction offered  in  the  division  of  agricultural  extension  and  home  educa- 
tion as  provided  for  in  section  2  of  this  act,  and  shall  be  subject  to  sucn 
rules  and  regulations  as  said  division  of  agriculture  extension  and  home 
education  shall  establish  under  the  authority  and  direction  of  the  board  of 
regents  of  the  University  of  Minnesota.     (3030) 

367.  Same;  bulletins  to  be  issued — The  home  education  bulletins  au- 
thorized by  this  act  shall  be  sent  free  to  all  persons  resident  within  the 
state  who  shall  request  said  bulletins  to  be  sent  to  them.     (3031) 

368.  County  agricultural  agents — There  is  hereby  appropriated  out  of 
any  moneys  in  the  state  treasury  not  otherwise  appropriated,  the  sum  of 
twenty-five  thousand  (.T25,000)  dollars  for  the  fiscal  year  ending  July  31, 
1914,  and  the  sum  of  thirty-five  thousand  ($35,000)  dollars  for  the  year  end- 
ing July  31,  1915,  for  the  purpose  of  aiding  in  the  maintenance  and  the  pay- 
ment of  the  expenses  of  county  agricultural  agents.     (3043) 

369.  Same;  funds  under  direction  of  dean  of  agricultural  college — The 
moneys  so  appropriated  are  to  be  expended  under  the  direction  of  the  dean 
of  the  department  of  agiiculture  of  the  University  of  Minnesota,  who  is 
hereby  empowered  to  carry  out  the  provisions  of  this  act.     (3044) 

370.  Same;  apportionment  of  funds  to  counties — The  moneys  hereby 
appropriated  are  to  be  used  in  amounts  not  to  exceed  one  thousand  ($1,000) 
dollars  for  any  one  year  for  any  one  county  in  the  state  and  shall  be  used 
in  counties  which  first  meet  the  requirements  as  set  forth  in  this  section 
of  this  act.  To  secure  this  state  aid,  the  county  shall  have  raised  locally 
at  least  one  thousand  ($1,000)  dollars,  for  the  support  of  a  county  agri- 
cultural agent  for  one  year,  and  shall  give  suitable  assurance  to  the  dean 
of  the  department  of  agriculture  of  the  University  of  Minnesota  that  a  like 
sum  will  be  raised  for  a  second  year.     Further,  each  county  securing  this 


STATE  UNIVERSITY.  IQ] 

aid  shall  through  its  board  of  county  commissionera,  agree  to  the  employ- 
ment of  an  agricultural  agent  approved  by  the  said  dean,  and  who  will  meet 
the  requirements  of  the  United  States  department  of  agriculture  pre- 
requisite to  the  giving  of  aid  to  said  county  by  the  United  States  depart- 
ment of  agriculture  for  the  employment  of  a  county  agricultural  agent. 
(3045) 

371.  Same;  contributions  by  counties— Each  and  every  county  of  the- 
state  of  Minnesota  is  hereby  authorized  and  empowered  to  appropriate  an- 
nually not  to  exceed  one  thousand  (?1,000)  dollars  for  the  maintenance, 
support  and  expenses  of  a  county  agricultural  agent,  and  said  counties  are 
authorized  to  set  apart  and  appropriate  said  sum  of  money  subject  to  the 
order  of  the  said  dean  of  the  department  of  agriculture  of  the  University 
of  Minnesota,  and  to  be  paid  upon  such  order,  and  only  upon  such  order,  for 
the  salaries  of  said  county  agricultural  agents  and  such  further  employes 
as  may  be  employed  by  him  within  the  appropriations  available  and  other 
expenses  incident  to  the  work  of  such  agents.     (3046) 

372.  Same;  co-ordination  of  federal  and  state  governments — This  ap- 
propriation and  these  regulations  are  made  for  the  purpose  of  establishing 
a  co-ordination  of  the  work  of  the  federal  government,  the  state  and  the 
counties,  under  the  direction  of  the  dean  of  the  department  of  agriculture 
of  the  University  of  Minnesota,  in  the  matter  of  employment  and  main- 
tenance of  county  agricultural  agents.     (3047) 

373.  President  of  university;  powers  and  duties — The  president  of  the 
university  shall  be  president  of  the  general  faculty  and  of  the  faculties  of 
the  several  colleges  or  departments  and  the  executive  head  of  the  univer- 
sity in  all  its  departments.  Subject  to  the  board  of  regents,  he  shall  give 
general  direction  to  the  practical  affairs  and  scientific  investigations  of 
the  university,  and,  in  the  recess  of  the  board,  may  remove  any  employe  or 
subordinate  officer,  not  a  member  of  the  faculty,  and  supply  for  the  time 
any  vacancy  among  such  employes  and  officers.  He  shall  be  ex-officio  cor- 
responding secretary  of  the  board  of  regents  and  may  be  charged  with  the 
duties  of  one  of  the  professorships.     (3022) 

374.  Same;  reports  of — On  or  before  the  second  Tuesday  in  December 
of  each  year,  he  shall  make  a  report  to  the  state  superintendent,  showing 
in  detail  the  progress  and  condition  of  the  university  during  the  previous 
university  year,  the  number  of  professors  and  students  in  each  department, 
and  such  other  matters  relating  to  the  educational  work  of  the  institution 
as  he  shall  deem  useful,  or  as  the  state  superintendent  may  require.  He 
shall  also  at  the  same  time  report  to  the  board  of  regents  the  progi'ess  and 
condition  of  the  university  during  the  same  time,  the  nature  and  results  of 
all  important  experiments  and  investigations,  and  such  other  matters,  in- 
cluding industrial  and  economic  facts  and  statistics,  as  he  may  deem  use- 
ful, or  as  such  board  may  require.     (3023) 

375.  Maintenance  of  university — There  is  hereby  annually  appropriated 
for  the  general  maintenance  of  the  university: 

1.  The  interest  and  income  of  the  permanent  university  fund,  arising 
from  the  sale  of  lands  granted  to  the  state  by  act  of  congress  entitled  "An 
act  donating  lands  to  the  several  states  and  territories  which  may  provide 
colleges  for  the  benefit  of  agriculture  and  the  mechanic  arts,"  approved 
July  2,  1862,  or  from  any  other  source. 

2.  The  proceeds  of  twenty-three  one-hundredths  mills  on  the  dollar  of 
the  state  school  tax. 

The  lands  granted  by  the  general  government  to  the  state  to  aid  in  the 
development  of  brines,  and  known  as  the  state  salt  lands,  and  those  granted 
by  an  act  of  congress  entitled  "An  act  granting  lands  to  the  state  of  Minne- 
sota in  lieu   of  certain   lands   heretofore   granted   to  said   state,"   approved 


102  STATE   NORMAL  SCHOOLS. 

March  3,  1879,  and  the  funds  arising  from  their  sale,  are  hereby  appropriated 
for  the  completion  of  the  geological  and  natural  history  survey.  (3024)  See 
sections  48  and  49  as  to  repeal. 

376.  Investment  of  university  funds — Bonds  to  bear  not  less  than  three 
per  cent — The  permanent  school  and  university  funds  shall  be  invested  in  the 
bonds  of  the  United  States,  or  in  bonds  of  this  or  any  other  state,  or  in 
bonds  of  any  school  district  or  county  drainage  bonds  of  this  state,  bear- 
ing not  less  than  three  per  cent  interest,  and  in  bonds  of  any  county  (other 
than  drainage  bonds)  and  in  the  bonds  of  any  city,  town  or  village  of  this 
state,  bearing  not  less  than  four  (4)  per  cent  interest,  as  provided  by  law; 
but  no  investment  shall  be  made  in  bonds  issued  to  aid  in  the  construc- 
tion of  any  railroad.  The  governor,  treasurer  and  auditor  are  hereby  con- 
stituted a  board  of  investment,  whose  duty  it  shall  be  to  invest  all  funds  de- 
rived from  the  sale  of  public  lands  except  as  otherwise  provided  by  law. 
The  auditor  shall  be  secretary  of  said  board,  keep  a  record  of  its  proceed- 
ings and  publish  the  same  with  his  annual  report.  The  treasurer  shall  place 
on  credit  of  the  respective  funds  the  intere.st  received  on  said  bonds.  They 
shall  not  be  tranferable  except  upon  the  order  of  the  governor  and  auditor, 
and  on  each  shall  be  written  "Minnesota  School  Fund  Bond,"  or  "Bond  on 
the  University  of  Minnesota,"  as  the  case  may  require,  transferable  only 
upon  the  order  of  the  governor  and  state  auditor.  The  auditor  shall  keep 
a  record  showing  the  name,  and  amount  of  each  bond,  when  issued,  when 
redeemable,  the  rate  of  interest  when  and  where  payable,  by  whom  executed, 
when  purchased,  when  withdrawn,  and  for  what  purpose.     (5245) 

CHAPTER  XIV. 
STATE  NORMAL  SCHOOLS. 

377.  Normal  schools — The  normal  schools  of  the  state  shall  be  known 
as  the  "Winona  State  Normal  School,"  the  "Mankato  State  Normal  School," 
the  "St.  Cloud  State  Normal  School,"  the  "Moorhead  State  Normal  School," 
and  the  "Duluth  State  Normal  School,"  respectively.     (2967) 

A  normal  school  is  not  a  school  district,  within  the  contemplation  of  the 
statute,  and  the  attendance  in  the  model  school  department  thereof  does  not  en- 
title the  normal  school  to  share  in  the  apportionment  of  the  public  school  fund. 
— Childs,   May  7,   1897. 

378.  Normal  school  board — The  educational  management  of  the  normal 
schools  is  vested  in  a  board  of  eight  directors,  who,  with  the  state  superin- 
tendent, shall  constitute  the  normal  school  board.  Such  directors  shall  be 
appointed  by  the  governor,  subject  to  confirmation  by  the  senate,  for  a  term 
of  four  years.  The  governor  shall  in  like  manner  fill  for  the  unexpired  term 
all  vacancies  in  the  board.  There  shall  be  one  director  resident  in  each 
county  in  which  a  normal  school  is  located,  and  no  two  shall  be  residents 
of  the  same  county.     (2970) 

The  state  normal  school  board  may  establish,  by  rule  or  regulation,  the  ages 
between  which  children  may  be  received  into  the  model  department. — Douglas, 
August   17,   1900. 

As  to  authority  of  board  to  elect  a  purchasing  agent,  and  as  to  his 
duties,  see  sections"  3061  and  3062,  G.  S.  1913. 

379.  Same;  powers  and  duties — The  board  shall  have  the  educational 
management,  supervision  and  control  of  the  normal  schools,  and  of  all  prop- 
erty appertaining  thereto.  It  shall  appoint  all  presidents,  (  )  teachers  (  ) 
and  other  necessary  employes  therein,  and  fix  their  salaries.  (  )  It  shall 
prescribe  courses  of  study,  conditions  of  admission,  prepare  and  confer 
diplomas,  report  graduates  of  the  normal  department,  and  adopt  suitable 
rules  and  regulations  for  the  schools.  It  shall,  as  a  whole  or  by  committee, 
visit  and  thoroughly  inspect  the  grounds,  buildings,  modes  of  instruction, 
discipline  and  management  of  each  school,  at  least  once  in  each  year.  It 
shall  report  to  the  governor,  (  )  on  or  before  December  1  in  every  even  num- 


STATE   NORMAL   SCHOOLS.  103 

bered  year,  the  condition,  wants  and  prospects  of  each  school,  with  recom- 
mendations for  its  improvement."     (2972) 

380.  Same;  annual  meeting — The  annual  meeting  of  the  board  shall 
be  held  on  the  first  Tuesday  in  June.  At  such  meeting  it  shall  choose  by 
ballot  a  pi-esident,  whose  term  of  oflRce  shall  be  for  two  years,  and  until  his 
successor  qualifies.  In  case  of  vacancy,  the  governor  shall  appoint  one  of 
the  directors  president  until  the  next  annual  meeting,  and  until  his  suc- 
cessor qualifies.  The  state  superintendent  shall  be  secretary  of  the  board. 
(2971) 

381.  Same;  compensation  of — The  directors  shall  be  reimbursed  for 
their  actual  expenses  while  engaged  in  duty  for  the  normal  schools  out  of 
the  current  funds  belonging  to  such  schools.     (2974) 

382.  Purchasing  agent  for;  powers  and  duties — Upon  the  assumption 
by  said  state  normal  school  board  of  the  jurisdiction,  management  and  con- 
trol of  the  normal  schools  of  this  state,  said  board  shall  elect  from  its  own 
members  a  purchasing  agent,  whose  duties  shall  be  as  hereinafter  stated, 
and  whose  compensation  shall  be  fixed  by  said  board  and  paid  out  of  funds 
provided  for  the  maintenance  of  said  normal  schools,  a  pro  rata  sum  being 
paid  each  school.  He  shall  superintend  the  making  of  all  purchases  for 
said  schools.  Prior  to  the  termination  of  each  quarterly  period  the  execu- 
tive head  of  each  school  shall  prepare  and  submit  to  him  a  detailed  state- 
ment of  the  needs  of  said  institution,  including  an  estimate  of  the  necessary 
supplies  and  expenditures  for  the  quarterly  period  next  succeeding.  Said 
statement  and  estimate  shall  be  submitted  by  him  to  said  normal  school 
board  for  revision  and  correction.  When  approved  by  said  board  it  shall 
be  p^-ppared  in  triplicate  by  such  purchasing  agent,  and  one  copy  theieof 
shall  be  retained  by  said  board  for  the  use  of  such  agent,  one  shall  be  de- 
livered to  the  executive  head  of  each  normal  school  and  one  shall  be  filed 
with  the  stare  auditor.  Such  estimates  shall  govern  and  control  the  pur- 
chasing of  supplies  for  the  respective  schools,  and  the  money  necessary  to 
be  disbursed  therefor  shall  be  paid  out  upon  the  warrant  of  said  agent 
as  hereinatfer  stated.  Said  agent  shall  at  the  commencement  of  each 
quarterly  period  set  apart  for  the  use  of  each  school  as  a  contingent  fund, 
a  sum  not  exceeding  one  hundred  dollars  ($100). 

In  addition  there  (to)  the  supervision  of  the  purchasing  of  all  necessary 
supplies  for  said  school,  it  shall  be. the  duty  of  such  purchasing  agent  to 
visit  each  of  said  schools  at  least  once  during  each  quarterly  period,  at 
which  time  the  estimates  for  the  succeeding  quarter  as  herein  provided,  and 
a  statement  of  the  needs  of  said  institution  shall  be  submitted  to  him  by 
the  executive  head  thereof. 

He  shall  from  time  to  time  make  reports  to  said  normal  school  board 
of  the  business  affairs  of  said  schools,  with  such  recommendations  as  he  may 
deem  proper.  All  salaries  for  resident  directors  heretofore  paid  or  provided 
for  are  hereby  discontinued.     (3062) 

383.  Summer  sessions — That  there  shall  be  held  at  each  of  the  state 
normal  schools  in  this  state  a  summer  session  of  twelve  (12)  weeks  each, 
under  the  direction  of  the  state  normal  board.  These  summer  sessions  hall 
be  a  part  of  and  in  all  repects  be  the  same  as  the  session  now  provided 
for  by  law.  The  provisions  for  attendance  at  these  summer  sessions  shall 
be  the  same  as  those  now  in  force  and  the  arrangements  of  the  terms  in 
the  school  year  shall  be  such  as  to  most  fully  serve  the  welfare  of  rural 
schools.  Provided,  that  said  normal  board  may,  in  its  discretion  and  when 
the  interests  of  the  state  may  be  best  subserved  thereby,  direct  that  a 
shorter  session  than  twelve  weeks  be  held  at  any  of  said  schools.     (2975) 

384.  Tuition — There  shall  be  no  charge  for  tuition  or  incidental  ex- 
penses to  students  in  normal  schools  who  file  with  the  president  of  the 
school  board  a  declaration  of  intention  to  teach  in  the  public  schools  of  the 


104  STATE  NORMAL  SCHOOL.S. 

State  for  not  less  than  two  years  after  leaving  such  school.  The  board  shall 
fix  rates  of  tuition  for  other  students,  and  for  pupils  In  the  model  schools. 
(2969) 

385.  Model  schools — The  normal  school  board  may  organize  model 
schools  in  connection  with  each  normal  school,  for  Illustrating  methods  of 
teaching  and  school  government  only.     (2968) 

386.  Presidents  of,  to  report  to  superintendent  of  education — The  presi- 
dent of  each  normal  school  shall  make  an  annual  written  report  to  the  state 
superintendent  on  or  before  September  1,  covering  the  term  year  of  his 
school,  and  setting  forth  its  general  statistics,  enrollment  in  each  depart- 
ment and  in  each  class  of  the  normal  department,  average  attendance,  the 
number  graduating  within  the  year,  the  number  of  teachers,  the  departments 
of  each,  and  the  general  condition  of  its  buildings,  library,  and  apparatus, 
the  number  and  names  of  all  graduates  then  engaged  in  teaching,  as  far  as 
known  to  him,  and  the  district  or  county  in  which  each  is  teaching,  and  such 
other  matters  and  suggestions  as  he  may  deem  of  interest  to  the  public,  or 
conducive  to  the  good  of  the  schools.     (2973) 


INDEX 


(References  in  this  index  are  to  sections.) 

A 
ACCEPTANCES 

Of  office  by  district  officers 6^ 

ACTIONS 

When  and  how  to  be  prosecuted  by  districts 119 

Against  districts  on  contracts  and  for  injuries 120 

Against  districts,  how  begun  when  districts  without  board 121 

ADVERTISEMENTS 

For  bids  before  letting  of  contracts 70 

AGE 

Of  pupils  for  admission  to  public  schools 141 

AGRICULTURE 

Division  of  at  university,  purposes  of  work  in 364 

Officers  and  chiefs  of  division  of 365 

Free  instruction  in 366 

Bulletins  of,  how  issued  and  distributed , 367 

Division  of  at  university 363 

Same,  purpose  of  work  of 364 

College  of  at  state  university 359 

extension  of  and  home  economics,  division  of  at  university 363 

Association  of  schools  for  training  in 156 

Instruction  in  through  association  of  schools 151 

Instruction  in  to  be  of  practical  character 155 

State   aid  for   high,   graded,   and   consolidated   schools   affording 

training  in  192 

AGRICULTURAL  EXTENSION 

Officers  of  division  of 365 

Free  instruction  in 366 

Bulletins  of  to  be  issued  and  distributed 367 

AGRICULTURAL  SCHOOLS 

Sites  for,  how  acquired 67 

ANNUAL  SCHOOL  MEETINGS 

When  and  how  held  (See  "School  Meetings") 42-5f> 

ANNUITIES 

To  teachers  from  State  Teachers'  Reitrement  Fund 332-346 

APPEALS 

From  order  forming  districts,  grounds  of 9 

From  orders  of  set-off  of  lands  to  districts 6 

Rehearing  in  on  change  of  boundaries  of  districts 14 

From  orders  for  consolidation  of  districts 25 

From  order  of  change  of  districts  containing  cities  or  villages. ...  13 

From  order  of  dissolution  of  districts 34 

From  refusal  to  grant  teachers'  certificates 310 

By  teachers  from  suspension  of  certificates 323 

APPLICATIONS 

By  teachers  for  annuities  from  teachers'  retirement  fund 335 


106 


INDEX. 


APPORTIONMENTS   (See  "Funds") 186-212 

Of  state  school  funds  by  superintendent  of  education ISl 

Of  state  scliool  funds  to  bounties,  warrants  by  county  auditor...  182 

Of  state  school  fund  to  districts  by  county  auditors 183 

Of  state  school  funds  to  new  districts 184 

Of  state  school  funds,  report  of  by  county  auditor  to  superintend- 
ent of  education 185 

Of  fines  and  penalties  to  school  purposes 185 

Of  funds  upon  change  of  districts  in  unorganized  territory 101 

Of  funds  on  enlargement  of  districts  containing  cities  or  villages.  12 

APPROPRIATIONS 

By  counties  for  teachers'  institutes 294 

Not  to  be  exceeded  by  university  board  of  regents 357 

ARTS 

College  of  at  state  university 

ATTORNEY  GENERAL 

To  be  one  of  trustees  of  teachers'  retirement  fund 335 

Opinions  of  to  govern  school  officers,  when 86 

To  prosecute  combinations  in  school  text-bool<s 221 

To  prosecute  on  bonds  for  failure  to  comply  with  text-boolc  law. . .  216 

To  approve  bonds  on  furnishing  school  text-books 215 

B 

BASEMENTS 

Not  to  be  used  for  school  purposes 286 

Basement  room  defined 287 

BEQUESTS 

Power  of  university  board  of  regents  to  accept 353 

BIDS 

To  be  advertised  for  before  letting  of  contracts 70 

BLANKS 

School,  preparation  of  by  superintendent  of  education 255 

School,  forwarded  by  county  superintendents  to  clerks  and  teach- 
ers    266 

BLIND  CHILDREN 

Instruction  of  in  school  districts 165 

Indigent,  instruction  and  treatment  of 175 

BOARD  OF  CONTROL 

State,  power  of  over  university  finances  and  contracts 358 

BOARD  OF  REGENTS 

Of  university,  terms  of  office,  body  corporate 348 

Of  university,  vacancies    in,    how    filled 349 

Of  university,  organization   of 350 

Of  university,  powers  and  duties  of 351 

Of  university,  reports  of  to  governor 352 

Of  university,  powers  of  to  accept  bequests 353 

Of  university,  limitations  of  as  to  expense 356 

Of  university,  not  to   exceed   appropriations 357 

Of  university,  annual  and  special  meetings  of 350 

BOARD  OF  TRUSTEES  OF  STATE  TEACHERS'  RETIREMENT  FUND 

Composition,  duties,  powers,  meetings,  expenses,  etc 336-346 


INDEX.  107 

BONDS 

Official,  of  treasurers 83 

When  and  how  may  be  authorized  in  general 112 

Not  to  be  issued  without  vote  of  district 113 

Vote  on  at  annual  or  special  meetings 113 

Purposes  for  which  may  be  issued 114 

May  be  issued  to  state 115 

Proceedings  for  issue  of  to  state 116 

Under  school  textbook  law,  forfeiture,  damages 216 

Of  publishers  and  dealers  in  school  text  books 215 

Investment  of  university  funds  in 376 

BOOKS 

See  "Text  Books." 

Lists  of  for  school  libraries  by  State  High  School  Board 213 

BOUNDARIES 

Of  districts,  how  changed,  requisites  of  proceedings  for 10 

BOYS 

Under  eighteen,  not  to  be  employed  in  certain  occupations 245 

BULLETINS 

Of  university  college  of  agriculture,  distribution  of 367 

BUREAU 

Of  employment  for  teachers  (See  Teachers'  Employment  Bureau)  328 

C. 

CENSUS 

Of  children  of  school  age  in  districts 231 

CERTIFICATES 

Of  consolidations  of  districts 28 

Of  employment  of  children  to  describe  them 239 

For  employment  of  children,  when  granted  and  how 237 

Terms  of,  and  how  issued  for  child  employment 238 

Of  teachers,  records  of  by  county  superintendents 265 

Teachers'  must  be  filed  with  county  superintendents 289 

Teachers,  grades  of 302 

Same,  limited  secoild  grade  of 303 

Same,  second  grade  of 304 

Same,  first  grade  of 305 

Same,  special    306 

Same,  from  other  states 307 

Same,  high  and  normal  schools,  certificates  in  place  of 308 

Same,  professional,    what    are 311 

Same,  professional,  examinations  for 312 

Same,  second  grade   professional 314 

Same,  first  grade  professional 315 

Same,  professional    permits    316 

Same,  college  diplomas  and  certificates  in  place  of 317 

Same,  university  diplomas,  when  valid 318 

Same,  advanced  normal  schools  diplomas 319 

Same,  normal  schools'  elementai*y  diplomas 320 

Same,  two  years'  normal  schools'  certificates 321 

Same,  renewal  of 309 

Same,  records  of,  by  county  superintendents 322 

Same,  appeal  from  refusal  to  grant 310 

Same,  suspensions    of 323 

Same,  causes  for  suspension  of,  and  revocation  of 324 


108  UiDlEiX. 

CHAIRMEN 

Of  boards  in  common  districts,  powers  and  duties  of 79 

Compensation  of   79 

CHANGE  OF  BOUNDARIES 

Proceedings  for,  requisites  and  terms  of 10 

Division  of  funds,  how  made 15 

Of  districts,  title  to,  property,  where  vested 30 

CHILDREN 

Between  8  and  16  to  attend  schools,  when  excused 225 

Duties  of  school  boards  as  to  attendance  of  at  schools 226 

Duties  of  teachers  and  superintendents  as  to  attendance  of  at 

schools    227 

Duties  of  parents  and  guardians  to  send  to  school 228 

Duties  of  school  officers  as  to  sending  of  to  school 229 

Duties  of  commissioner  of  labor,  as  to  school  attendance 230 

School  census  of  to  be  taken 231 

Truants,  Duty  of  truant  officer  as  to 232 

Incorrigible,  commitment  of  to  training  school 233 

Truants,  reports  of  by  truant  officers 234 

Underl4  years  not  to  be  employed,  exceptions 235 

Between  14  and  16,  when  and  how  may  be  employed 236 

Employment  certificate  for,  when  and  how  issued 237 

Employment  certificates  for,  terms  of 238 

To  be  described  in  employment  certificates  of 239 

To  be  reported  by  school  officers  on  issue  of  certificates 240 

Under  16,  hours  of  labor  of 241 

Employment  of,  inviolation  of  law,  penalty 242 

Illegal  employment  of,  prosecution  by  truant  officers 243 

Employment  of  under  16,  terms  of 244 

Boys,  under  18  not  to  be  employed  in  certain  occupations 246 

Fitness  of  for  labor,  physician's  certificate  to  be  procured 246 

Between  8  and  16  to  attend  schools,  when  and  how  excused 225 

Deaf,  instruction  of  in  public  schools 164 

Blind,  instruction  of  in  public  schools 165 

Defective  speech,  instruction  of  in  public  schools 166 

Mentally  subnormal,  instruction  of  in  public  schools 167 

Indigent  blind,  instruction  and  treatment  of 175 

CHILD   LABOR 

No  child  under  14  to  be  employed  during  school  term 235 

Children  between  14  and  16,  when  may  be  employed 236 

Employment  certificates,  when  issued,  terms  of 237 

Basis  of  granting  employment  certificates 238 

Employment  certificates  to  describe  children 239 

School  officers  to  report  list  of  names  to  whom  certificates  are 

granted  to  commissioner  of  labor 240 

Hours  of  labor  of  children  under  16 241 

Violations  of  law  relating  to,  penalties 242 

Truant  officers,  powers  and  duties  of 243 

Terms  of  employment  of  under  16  years 244 

Boys  under  18  not  to  be  employed  in  certain  occupations 245 

Physician's  certificate  of  fitness,  when  required 246 

CIRCULARS 

School,  from  county  superintendents  to  clerks  and  teachers 266 

CITIES 

In  districts  of  greater  area,  enlargement  of  district 11 


INDEX.  JQ9 

CLASSIFICATIONS 

Improper,  of  pupils  in  schools 128 

CLERKS 

In  common  districts,  duties  of 80 

In  special  districts,  appointment  of  and  compensation 85 

In  districts  containing  unorganized  territory,  duties  of 96 

Term  of  office  of  in  districts  of  ten  or  more  townships 57 

Compensation  of  in  districts  of  ten  or  more  townships 57 

Election  of  at  annual  meetings 53 

Compensation  in  independent  districts 78 

Compensation  of  in  common  districts 81 

To  give  notice  of  annual  meetings 42 

To  mail  notices  of  annual  meetings,  when 43 

To  give  notices  of  special  meetings 44 

To  issue  and  keep  records  of  on  attendance  at  schools 225 

Failure  or  refusal  of  to  make  reports 130 

Failure  or  neglect  of  to  keep  and  deliver  records 132 

Illegal  drawings  of  orders  on  school  funds  by 131 

Duties  of  in  taking  school  census 231 

Blanks,  circulars,  to  be  forwarded  to  by  county  superintendents.  266 

COLLEGES 

Of  state  university,  what  are 359 

COMMERCIAL    TRAINING 

Instruction  in  through  association  of  schools ; 151 

Association  of  schools  for  instruction  in 156 

Instruction  in  to  be  of  practical  character "  155 

State  aid  for  schools  affording  training  in 192 

COMMISSIONER  OF  LABOR 

To  assist  in  enforcing  compulsory  education  law 230 

Reports  to  of  children's  employment  certificates 240 

COMMON   SCHOOLS 

Definition  of,  instruction  in,  terms  of 146-149 

COMMON   SCHOOL  DISTRICTS 

See  "school  districts" 1 

COMPULSORY   EDUCATION 

Chapter  relating  to 225-246 

Every  child  between  8  and  16  to  attend  school,  exceptions 225 

Duties  of  school  boards  to  report  excuses  for  non-attendance.  . .  .  226 

Duties  of  county  superintendents  to  enforce  law 227 

Duties  of  teachers  in  enforcement  of  law 227 

Duties  of  county  attorney  to  enforce  law 227 

Duties  of  parents  and  guardians  as  to 227 

Violations  of  law  as  to  by  parents,  penalty 228 

Failure  of  school  officers  to  enforce  law,  penalty 229 

Duties  of  commissioner  of  labor  to  enforce  law 230 

School  census  of  names  and  ages  of  children  in  districts 231 

Truant  schools  for  truants,  incorrigible  and  wanderers 232 

Commitment  to  state  training  school,  when 233 

Truant  officer,  duties  of  in  keeping  children  in  school 234 

See  also  "Child  Labor" 235-246 

Violations  of  law  of,  failure  of  schools  officers  to  report 136 

CONDEMNATION 

Of  land  for  school  purposes 65 


IIQ  INDEX. 

Of  land  for  agricultural  school  sites 67 

Of  land  for  sites  by  consolidated  districts 68 

CONSOLIDATED   SCHOOL   DISTRICTS 

How  and  when  formed 23 

Proceedings  for,  petition,  notice,  vote  on 23-25 

Unorganized  territory  with  existing  district 27 

Of  district  with  high,  graded  or  semi-graded  districts 26 

Sites  for  may  be  acquired  by  condemnation 68 

Powers  of  to  acquire  equipment 29 

Certificates  of,  transfer  of  funds  and  property 28 

CONSOLIDATED   SCHOOLS 

How  designated  to  give  industrial  training 152 

Classification  of  for  state  aid 194 

Qualifications  of  for  receiving  state  aid 203 

Classification  of  for  state  aid 204 

Qualifications  of  teachers  in,  for  state  aid 205 

Amounts  of  state  aid  for 206 

Amounts  of  state  aid  for  industrial  departments  in 207 

CONTRACTS 

Bids  to  be  advertised  for  before  letting 70 

Bids  for,  how  awarded 71 

Not  to  be  made  by  boards  except  at  legal  meetings 64 

In  excess  of  tax  levy  by  school  officers  void 179 

Of  districts,  actions  on,  how  commenced 119 

Actions  on  against  districts,  how  commenced 120 

For  school  text  books,  requisites  of 218 

Of  employment  of  teachers,  when  and  how  made 325 

For  employment  of  teachers,  qualification  of  teachers  for 288 

COOKING 

Training  in  through  association  of  schools 151 

State  aid  for  school  affording  training  in 192 

CORPORAL  PUNISHMENT 

When  may  be  administered  by  teachers 173 

COUNTIES 

Apportionment  of  agricultural  agents'  funds  to 370 

Contributions  by,  to  county  agricultural  agents'  funds 371 

Districts  in  two  or  more  of,  how  formed  or  changed 17 

COUNTY  AGRICULTURAL  AGENTS 

Appropriations  for  and  maintenance  of 368 

Funds  for  under  direction  of  dean  of  college  of  agriculture 369 

Apportionment  of  funds  for  to  counties 370 

Contributions  to  funds  for  by  counties 371 

Co-ordination  of  federal  and  state  authorities  for 372 

COUNTY    ATTORNEYS 

Duties  of  as  to  keeping  children  at  schools 227 

COUNTY  AUDITORS 

Duties  of  as  to  levy  of  school  taxes 177 

Levy  of  city,  village,  town,  district,  tax  certified  to 178 

Reports  of  county  superintendents  to,  failure  of 135 

Reports  of  county  superintendents  to 268 

Failure  of  to  report  to  superintendent  of  education 134 

Failure  of  county  superintendents  to  report  to 269 


INDEX.  m 

Plats  of  districts  on  file  in  office  of 8 

Duties  of  in  distribution  of  state  aid 211 

Apportionment  of  state  school  funds  to  districts  by 183 

To  make  division  of  funds  upon  order  of  change  of  districts 16 

COUNTY   BOARDS 

Petitions  to  for  formation  of  districts 2 

Petitions  to  for  formation  of  districts,  contents 4 

Hearing  by  on  petition  for  formation  of  districts 5 

Hearing  by  on  petitions  for  enlargement  of  districts  containing 

cities  or  villages 11 

Hearing  by  on  consolidation  of  unorganized  territory 27 

Powers  of  to  disolve  districts 31 

Power  of  to  dissolve  districts 34 

Apportionment  of  funds  by  on  enlargement  of  districts 12 

May  appropriate  money  for  teachers'  institutes 294 

To  provide  for  expenses  of  county  superintendents 272 

Of  education;  law  relating  to  not  to  apply  when 37 

Of  education,  powers  of  over  funds  and  property  on  disolution  of 

districts    35 

COUNTY   BOARD  OF  EDUCATION 

To  provide  school  facilities  in  unorganized  territory 91 

How  constituted   92 

May  employ  county  superintendent 93 

Salaries  of  members  of 94 

Meetings  of,  when  and  how  held 95 

Duties  of  clerks   of 96 

Levy  of  tax  by  for  school  purposes 97 

To  provide  school  houses  and  facilities 98 

Powers  of  to  be  same  as  in  common  districts 99 

Organization  of  districts  by 100 

To  apportion  funds  between  old  and  new  districts 101 

COUNTY  JAILS 

Elementary  schools  may  be  established  in 174 

COUNTY  SUPERINTENDANTS 

Election,   terms   of   office,    compensation 

When  and  how  elected 258 

Terms  of  office  of 259 

Removal  from  office,  when  and  how 260 

To  turn  over  property  and  records  at  end  of  terra 261 

May  appoint  deputies,  wEen  and  how 270 

Traveling  expenses  of,  audit  of,  payment  of 272 

Salaries  Of,  how  determined 273 

Stationery  and  postage,  printing,  how  paid  for 274 

Assistants  and  salaries  of  in  certain  counties 275 

Powers  and  duties 

General,  specification  of 262 

May  call  meetings  of  examinations  of  teachers 264 

To  keep  records  of  examinations  of  teachers 264 

To  keep  records  of  teachers'  certificates  and  diplomas 265 

To  forward  to  teachers  and  clerks  blanks,  circulars,  etc 266 

To  make  reports  to  superintendent  of  education 267 

To  make  reports  to  county  auditors 268 

Failure  of  to  report  of  auditors,  salary  to  stop 269 

May  appoint  deputy,  when 270 

To  hold  teachers'  institutes,  when  and  how 271 

Reports  of,  to  county  auditor,  failure  of 135 


122  INDEX. 

To  prepare  plats  of  consolidated  districts. 2o 

Duties  of  as  to  keeping  children  at  schools 227 

Duties  of  as  to  school  census 231 

Over  districts  in  unorganized  territory,  assistant  of J»3 

Approval  of  for  disolution  of  districts 32 

Duties  of  in  securing  school  libraries 214 

To  notify  persons  failing  to  comply  with  textbook  law 216 

Violations  of  school  textbook  law  by,  penalty 224 

Duties  of  as  to  teachers'  institutes 293 

Reports  of  teachers  to,  duties  as  to 327 

Duties  of  as  to  holding  teachers'  examinations 296 

To  conduct  teachers'  examinations,  manner  of 300 

May  grant  limited  second  grade  certificates,  when 303 

To. indorse  second  grade  certificates 304 

Filing  of  teachers'  certificates  with 289 

To  keep  records  of  teachers'  certificates 322 

May  suspend  teachers'  certificates,  how  and  when 323 

Duties  of  as  to  teachers'  retirement  fund 334 

To  receive  copy  of  report  of  trustees  of  teachers'  retirement 

fund   337 

COUNTY   TREASURERS 

Duties  of  as  to  teachers'  retirement  fund 334 

CUPS 

Drinking,  common  use  of  prohibited 140 

D. 

DEAF   CHILDREN 

Instruction  of  in  school  districts 164 

DEFECTIVE  SPEECH  CHILDREN 

Instruction  of  in  school  districts 166 

DENTISTRY 

College  of  at  state  university 359 

DEPOSITORIES 

For  district  funds,  how  selected 87 

DEPUTIES 

Of  county  superintendents  in  certain  cases 270 

DEVICES 

Power  of  university  board  of  regents  to  accept 358 

DICTIONARIES 

For  use  in  schools,  selection  of  by  high  school  board 213 

DIPLOMAS 

Of  colleges  or  universities  in  place  of  certificates 317 

Of  state  university,  when  valid  as  teachers'  certificates 318 

Advaiced  normal  school,  when  valid  as  teachers'  certificates 318-319 

Normal  elementary,  when  valid 320 

Normal  two-year  course,  when  valid 321 

Of  teachers,  record  of  by  county  superintendents 265 

DISSOLUTION   OF   DISTRICTS 

When  and  how  effected 31 

Petition  for,  contents,  procedure 32 

District  in  two  or  more  counties 17 


INDBX.  113 

DRINKING  CUPS 

Common  use  of,  penalty 140 

E. 

ELECTIONS 

Of  change  from  common  to  independent  district 20 

On  change  from  independent  to  common  district 22 

On  consolidation  of  districts 25 

On  consolidation  with  high,  graded  or  semi-graded  district 26 

Special,  on  issue  of  bonds  of  district li:^ 

Special,  to  fill  vacancies  in  school  boards 62 

In  independent  districts  having  four  or  more  villages 45-50 

In  certain  independent  districts,  application  of  general  laws 50 

By  teachers  of  two  trustees  of  state  teachers'  retirement  fund, 

when  and  how 345 

EMINENT  DOMAIN 

Exercise  of  by  school  boards 65 

Exercise  of  by  consolidated  districts  for  sites 68 

Exercise  of  for  agricultural  school  sites 67 

EMPLOYMENT 

Of  children  under  child  labor  law,  terms  of 244 

EMPLOYMENT   BUREAU 

For  teachers,    (See   "Teachers'  Employment  Bureau") 328-331 

ENGLISH    LANGUAGE 

School  text  books  to  be  in,  exceptions 149 

EPIDEMICS 

Powers  of  state  board  of  health  in  school  matters 285 

EXAMINATIONS 

Of  teachers,  times  and  places  of 296 

Same,  fees  to  be  paid  by  applicants 297 

Same,  expenses  of,  how  paid 298 

Same,  branches  and  subjects  of 299 

Same,  conduct  of 300 

Same,  marking  on,  methods  of 301 

Same,  for  professional  certificates 312 

Same,  for  professional  certificates,  subjects  of 313 

Of  teachers,  records  of  by  county  superintendents 264 

High  school  board,  assistants  for 282 

EXAMINERS 

School,  appointment  of  by  high  school  board 279 

Duties  of   280 

EXCUSES 

For  non-attendance  at  school,  how  granted  and  when 225 

EXECUTIONS 

When  may  issue  on  judgment  against  districts 124 

EXPENSES 

Of  holding  teachers'  examinations,  how  paid 29S 

EVENING  SCHOOL 

Length  of  terms  of  not  governed  by  school  law 147 

Provisions  for  in  independent  districts 76 


124  INDEX. 

EVIDENCE 

Records  of  school  meetings  and  proceedings 52 

F. 
FEES 

For  taking  teachers'  examinations 297 

Of  state  teachers'  employment  bureau,  disposition  of 331 

FORCE 

Use  of  prohibited  except  by  teachers 173 

FORMATION   OF   DISTRICTS 

See  "school  districts" 2 

FINES 

Money  from,  set  aside  to  school  funds 185 

FRATERNITIES 

Secret,  prohibited  in  public  schools 169 

FUNDS 

See   "school   funds" 

State  school,  apportionment  of 181 

Warrants  for,  how  drawn  by  state  auditor 182 

County  apportionment  of  by  county  auditors 183 

Apportionment  of  to  new  districts 184 

County   auditors   to  report  apportionment   to   Superintendent  of 

Education    185 

From  fines  and  penalties  to  school  purposes 185 

See  state  endowment,  state  annual,  state  current 186-212 

State,  for  insurance  and  annuities  of  teachers 332-346 

State  school,  investment  of  by  high  school  board 283 

For  maintenance  of  state  university 375 

Of  university,  investment  of 376 

G. 

GARDEN    DEMONSTRATIONS 

Qualification  of  school  to  make 154 

GIFTS 

For  school  purposes,  in  independent  districts 76 

Power  of  university  board  of  regents  to  accept 353 

GRADED  SCHOOLS 

Definition  of,  instruction  in 144 

How  designated  to  give  industrial  training 152 

Maintaining  industrial  departments,  state  aid  for 192 

Qualifications  of  for  receiving  state  aid 190 

State  aid  for  industrial  departments  in 207 

GUARDIANS 

Duties  0?  as  to  keeping  wards  at  schools 227 

Punishment  of  for  failure  to  keep  children  at  schools 228 

H. 

HIGH    SCHOOLS 

Definition  of,  instruction  in 143 

How  designated  to  give  industrial  training 152 

Qualifications  of  for  receiving  state  aid 191 

Maintaining  industrial  departments,  state  aid  for 192 


INDEX.  115 

State  aid  for  industrial  departments  in 207 

Maintaining  teachers'  training  departments,  state  aid  for 193 

When  other  districts  associated  with,  state  aid  for 208 

HIGH  SCHOOL  BOARD 

Constitution  of,  expenses  of 276 

General  powers  and  duties  of 277 

Records  of  proceedings  of,  annual  reports  of 278 

To  appoint  school  inspectors  and  examiners 279 

Powers  and  duties  of  inspectors  of 2S0 

May  empower  county  superintendents  to  be  inspectors 281 

Powers  and  duties  of  assistant  examiners  of 282 

Investment  of  school  funds  by 283 

Expenses  of,  appropriations  for 284 

HOLIDAYS 

Legal,  to  be  counted  as  part  of  school  week 147 

Legal,   what   are 148 

HOME   EDUCATION 

Division  of  at  university 363 

Purposes  of  work  of 364 

Officers  of  division  of  at  university 365 

Free  instruction  in 366 

Bulletins  of,  how  issued  and  distributed 367 

Association  of  schools  for  training  in 156 

Instruction  in  through  association  of  schools 151 

Instruction  in  to  be  of  practical  character 155 

State  aid  for  training  in  by  high,  graded  and  consolidated  schools  192 

HOURS 

Of  child  labor  under  16 241 

HYGIENE 

School  instruction  in 150 

I. 
INDEBTEDNESS 

See  "School  Indebtedness." 

INDEPENDENT  DISTRICTS 

How  designated  by  names  and  numbers 1 

Change  from  common  into 18 

Change  of  to  common,  how  effected 22 

Board  of  directors,  election,  terms  of 58 

Organization  of  board  of 59 

Boards  of  to  make  rules  for  management  of  schools 75 

Boards  of  to  levy  taxes  necessary 75 

Publication  of  proceedings  of  boards  of 60 

Powers  of  to  maintain  evening  schools 76 

Powers  of  to  maintain  kindergartens 76 

Duties  of  superintendents  in 77 

Containing  four  or  more  organized  villages,  annual  election 45 

Same,  division  of  district  into  precincts  for  election 45 

Same,  notice  of  election,  when  polls  to  be  open 46 

Same,  organization  and  conduct  of  elections 47 

Same,  canvass  of  vote  and  declaration  of  result 48 

Same,  special  elections,  when  and  how  held 49 

Same,  application  of  general  laws  to  elections 50 

INDUSTRIAL  TRAINING 

Subjects  for  instruction  in,  agriculture,  home,  manual 151 


115  INDEX. 

Qualification  of  schools  for 152 

Qualification  of  teachers  for 153 

Garden  demonstrations,  qualiflcations  of  schools  for 154 

Practical    character   of 155 

Association   of  schools   for 156 

Association  of  districts  for,  how  effected 157 

Courses  of  study  in 158 

Admission  of  pupils  for  to  central  school 159 

Termination  of  associations  for 160 

Associated  school  boards  for 161 

Powers  and  duties  of  associated  boards 162 

Officers  of  associated  schools  for 163 

INSPECTORS 

School,  appointment  and  duties  of 279 

Duties  of    280 

School,  when  county  superintendents  may  be 281 

INSTITUTES 

For  teachers'  training,  when  and  how  held 292 

Same,  duties  of  county  superintendents  as  to 293 

Same,  use  of  school  houses  for 293^/^ 

Same,  county  appropriations  for 294 

Same,  schools  may  be  closed  during  holding  of 295 

INSTRUCTION 

In  public  schools,  chapter  relating  to 141-17B 

INTEREST 

On  school  funds  on  deposit,  how  computed 89 

INTOXICATING    LIQUORS 

Bringing  of  into  school  grounds,  penalty 139 

INVESTMENTS 

Of  school  sinking  funds  by  districts 117 

Of  school  funds  by  high  school  board 283 

Of  university  funds,  interest  on 376 

J. 

JAILS 

Elementary  schools  may  be  established  in 174 

JUDGMENTS 

Against  school  districts,  how  paid 122 

Levy  of  tax  for  payment  of 123 

Execution  on,  when  may  be  issued 124 

Satisfaction   of,  how  made 125 

K. 

KINDERGARTENS 

Provisions  for  in  independent  districts 76 

Length  of  terms  of  not  governed  by  school  law 147 

L. 

LAND 

How  set  off  from  one  district  to  another 6 

LAW 

College  of  at  state  university 359 


INDEX.  1J^7 

LEGAL  PROCESS 

Teachers'  annuities  not  subject  to 342 

LIBRARIES 

School,  lists  of  books  for  by  state  high  school  board 213 

School,  state  aid  for 195 

School,  state  aid  for,  basis  of 214 

LIBRARIANS 

Election  of  in  common  districts 54 

LIMITATIONS 

Of  tax  levy  for  school  purposes 180 

Of  expenses  of  university  board  of  regents 356 

LISTS 

Of  books  for  school  libraries,  how  prepared 213 

Of  school  text  books,  selections  to  be  from 217 

LITERATURE 

College  of  at  state  university 359 

M. 
MANUAL  TRAINING 

Association  of  schools  for  instruction  in 156 

Instruction  in  through  association   of   schools 151 

Instruction  in  to  be  of  practical  character 155 

State  aid  for  schools  affording  instruction  in 192 

MARKING 

On  teachers'  examinations,  how  made 301 

MECHANIC  ARTS 

College  of  af-  state  university 359 

MEDICINE 

College   of  at  state   university 359 

MEETINGS 

See  "School  Meetings" 

Annual,  of  state  normal  school  board 380 

Of  university  board  of  regents,  annual  and  special 350 

Of  trustees  of  teachers'  retirement  fund 336 

MENTALLY  SUB-NORMAL  CHILDREN 

Instruction  of  in  school  districts 168 

MINNESOTA   DAY 

Proclamation  of  by  state  superintendent,  observance  of 256-257 

MINNESOTA    EDUCATIONAL   ASSOCIATION 

Trustees  of  teachers'  retirement  fund  elected  at  annual  meeting  of       335 

MINORS 

Use  of  tobacco  by,  penalty 137 

MODEL  SCHOOLS 

Organization  of  In  state  normal  schools 385 

MONEYS 

See  "School  Funds." 


118  INDEX. 

MONTH 

School,  length  of,  holidays 147 

MORALS 

School  instruction  in 150 

N. 
NORMAL   SCHOOLS 

Advanced  diplomas  of  as  teachers'  certificates 319 

Elementary  diplomas  of  as  teachers'  certificates 320 

Two  years'  course  certificates  of  as  certificates 321 

Names  and  location  of »  .  377 

State  normal  board  of,  composition,  terms  of  oflace 378 

State  normal  board  of,  powers  and  duties 379 

State  normal  board  of.  aimual  meetings  of 380 

State  normal  board  of,  compensation  of 381 

State  normal  board  of,  purchasing  agent  of 382 

Summer   sessions   of,   regulation   of 383 

Free  tuition  in  for  pupils  intending  to  teach 384 

Model  schools  in,  organiaztion  of 385 

Presidents  of  to  report  to  superintendent  of  education 386 

NOTICES 

Of  hearing  on  petitions  for  formation  of  districts 4 

Of  meeting  for  organization  of  districts 5 

Of  appeal  from  order  of  formation  or  change  of  districts 9' 

Of  annual  school  meetings,  how  given 42 

Of  annual  meetings,  when  to  be  mailed 43 

Of  special  meetings,  how  given 44 

Of  special  meetings  in  certain  independent  districts 49 

Of  rehearing  on  change  of  boundaries 14 

Of  meetings  for  change  of  common  to  independent  districts 19 

Of  change  of  common  to  independent  districts 21 

Of  meeting  for  change  from  independent  to  common  districts 22 

Of  hearing  on   petitions   for  enlargement   of  districts   including 

cities  or  villages 11 

Of  hearing  on  petitions  for  consolidation  of  districts 24 

Of  consolidation  of  districts  and  election  of  officers 25 

Of  election  for  consolidation  with  high,  graded  or  serai-graded  dis- 
trict     26 

Of  elections  in  districts  having  four  or  more  villages 46 

Of  dissolution  of  district  proceedings 31 

Of  hearing  on  petition  for  dissolution  of  districts 33 

Of  board  meetings  necessary  to  let  contracts 64 

Of  meeting  for  vote  on  free  text  books 219 

Of  holding  teachers'  institutes  in  school  houses 293% 

By  county  superintendents  of  teachers'  institutes 293 

O. 

OATHS 

Of  office,  how  made  and  filed  by  school  officers 63 

ORDERS 

For  formation  of  districts  upon  hearing,  contents  of 5 

Of  set-off  of  land  to  or  from  districts,  appeal  from 6 

Of  formation  or  change  of  districts,  appeal  from 9 

For  enlargement  of  districts  containing  cities  or  villages 11 

Of  formation  or  change  of  districts  in  two  or  more  counties 17 

For  consolidation  of  districts  25 

Of  dissolution  of  districts 34 

For  school  funds,  illegal  drawing  of  by  clerks 131 


INDEX.  119 

P 
PARENTS 

Duties  of  as  to  keeping  children  at  schools 227 

Punishment  of  for  failure  to  keep  children  at  school 228 

PEACE  OFFICERS 

Members  of  school  boards  to  be 69 

PEDAGOGY 

Department  of  at  state  university '. .  361 

PENALTIES 

For  excluding  or  expelling  pupils  from  school 126 

For  misuse  of  funds  by  treasurer  and  failure  to  pay  wages 127 

For  forbidden  discriminations  against  pupils 128 

For  neglect  or  refusal  to  serve  on  board  after  acceptance 129 

For  failure  of  clerks  to  make  reports 130 

For  drawing  of  illegal  orders  by  clerks 131 

For  failure  of  clerks  to  keep  or  deliver  records 132 

For  illegal  dealing  in  school  supplies  by  teachers  and  officers. . . .  133 

For  failure  of  county  auditor  to  report  to  superintendent 134 

For  failure  of  county  superintendents  to  report 135 

For  failure  of  school  officers  to  report  violations  of  law 136 

For  use  of  tobacco  by  minors  and  pupils 137 

For  injury  to  school  buildings  and  property 138 

For  bringing  intoxicating  liquors  on  school  grounds 139 

For  use  of  drinking  cups  in  common 140 

Degree  and  kind  of  for  foregoing  violations 140 

For   failure   of   parents,   guardians   and   school   officers   to   keep 

children  at  school  228-229 

For  violations  of  child  labor  laws 242 

For  violations  of  school  text  book  law 221-224 

PENSIONS 

To  teachers  from  state  teachers'  retirement  fund 332-346 

PETITIONS 

For  formation  of  districts,  common,  special,  independent 2 

For  formation  of  districts,  what  to  contain 3 

For  school  districts,  hearing  on 5 

Of  voters  for  set-off  from  one  district  to  another 6 

For  enlargement  or  change  of  districts  including  villages 11 

For  rehearing  on  change  of  boundaries 14 

For  consolidation  of  districts,  contents  of 24 

For  dissolution  of  distz'icts 31 

For  dissolution  of  districts,  requirements  of 32 

PHYSICIANS 

Certificate  of  fitness  by  under  child  labor  law 246 

PHYSIOLOGY 

School  instruction  in 150 

PLANS 

Of  school  buildings,  approval  by  superintendent  of  education 252 

PLATS 

Of  school  districts  on  file  with  county  auditor 8 

Of  consolidated  school  districts,  how  made  and  approved 23 

Of  buildings  and  sites  in  consolidated  districts 29 


120  INDKX. 

POLLS 

When  to  be  open  in  elections  in  independent  districts  having  four 

or  more  villages  46 

POSTAGE 

Of  county  superintendents,  how  provided 274 

PRESIDENTS 

Of  university,  powers  and  duties  of 373 

Reports  of,  contents  of 374 

Of  state  normal  schools,  reports  of 386 

PRICES 

Of  school  text-books,  how  fixed 217 

PROFESSIONAL  CERTIFICATES       , 

What  are  and  when  and  how  granted 311 

PROFESSIONAL  PERMITS 

Teachers',  when  and  how  granted 316 

PROFESSIONAL  TRAINING 

For  teachers,  what  is 290 

PROPERTY 

See  "School  Property." 

PUBLICATIONS 

Of  proceedings  in  independent  districts 60 

Of  proceedings  of  board  in  districts  of  ten  or  more  townships. . . .  106 

Of  reports  of  state  teachers'  retirement  fund  trustees 337 

PUBLIC   EXAMINER 

To  examine  records  in  districts  of  ten  or  more  townships 108 

PUBLIC  SCHOOLS 

Classification  and  control 

Definition  of,  qualification  of  pupils,  free  tuition 141 

Classification,  high,  graded,  semi-graded,  common 142 

High,  what  constitutes,  control 143 

Graded,  what  constitutes,  courses  of  study 144 

Semi-graded,  requisites  of,  buildings,  courses 145 

Common,   definition   of 146 

Control  of,  teachers  and  boards 146 

Terms  of,  school  month,  night  schools,  kindergarten 147 

Holidays  to  be  counted  part  of  school  week 147 

Holidays  in,  what  are 148 

Qualifications  in  for  industrial  training 152 

Qualifications  of  teachers  for  industrial  training 153 

Qualifications  of  for  garden  demonstrations 154 

Associations  of  for  industrial  traming 156 

Associations  of  for  industrial  training,  how  affected 157 

Admission  of  pupils  from  rural  to  central  schools 159 

Termination  of  association  for  industrial  training 160 

Boards  of  associated  districts,  constitution  of 161 

Duties  of  boards  of  associated  districts 162 

Officers  of  associated  districts 163 

•   For  instruction  of  deaf  children,  qualifications  of 164 

For  instructions  of  blind  children,  qualifications  of 165 

For  instruction  of  defective  speech  children 166 

For  mentally  subnormal  children 167 


INDEX.  121 

For  defective  children,  permission  for  Instruction  of 168 

Secret  fraternal  societies  in  prohibited 169 

Directors  of  to  establish  rules  and  enforce  laws 170 

Directors  of,  power  to  suspend  or  dismiss  pupils 171 

Soliciting  pupils  of  to  join  outside  fraternal  society 172 

Corporal  punishment  in,  when  allowed  by  teachers '. .  . . .  173 

Elementary,  in  county  jails 174 

General  supervision  of  vested  in  superintendent  of  education.  .  247 

Compulsory  attendance  of  children  between  eight  and  sixteen  at  225 

May  be  closed  during  teachers'  examinations 300 

May  be  closed  during  holding  of  teachers'  institutes 295 

Instruction   in 

Courses  of  in  high  schools 143 

Courses  of  in  graded  schools 144 

Semi-graded,  courses  of  in 145 

Common,  courses  of  in  English 146 

General,  books,  language,  etc 149 

In  morals,  physiology,  hygiene,  narcotics,  stimulants 150 

Industrial,  agriculture,  manual,  commercial,  home 151 

Qualifications  of  schools  for  industrial  instruction 152 

Qualifications  of  teachers  for  industrial  training 153 

Garden  demonstrations,  qualifications  for 154 

Practical  character  of  industrial  instruction 155 

Industrial  training,  association  of  districts  for 156 

Industrial  training,  association  for,  how  effected 157 

Industrial  training,  courses  of  study  for 158 

Industrial  training,  admission  of  pupils  to  central 159 

Industrial  training,  termination  of  association  for 160 

Deaf  children,  instruction  of 164 

Blind  children,  instruction  of 165 

Defective  speech  children,  instruction  of 166 

Mentally  subnormal  children,  instruction  of 167 

Defective  children,  permission  for  instruction  of 168 

In  county  jails,  establishment  of  instruction 174 

PUBLISHERS 

Of  school  text-books,  prosecution  of  for  combination     221 

PUPILS 

Legal  ages  of,  free  tuition  of 141 

Illegal  and  improper  classification  of  and  discriminations 128 

Non-resident  in  district,  age  and  tuition  of 66 

Transportation,  rooms  and  board  of  in  consolidated  districts 29 

Admission  of  from  rural  to  central  schools  associated 159 

From  adjoining  districts,  how  provided  for 72 

When  admitted  to  schools  from  adjoining  districts 73 

In  industrial  departments  and  non-resident,  tuition  of 198 

Of  high  schools  from  other  districts  maintaining  high  schools 199 

Exclusion  or  expulsion  of  from  schools,  penalty 126 

Suspension  and  dismissal  of  by  boards 171 

Soliciting  of  to  join  secret  societies,  penalty 172 

Indigent,  free  text  books  for 220 

Prohibited  to  join  secret  fraternities 169 

Use  of  tobacco  by,  penalty 137 

PURCHASING  AGENTS 

Of  university  board  of  regents,  powers  and  duties 354 

To  submit  monthly  statements 355 

Of  state  normal  schools,  powers  and  duties 382 


122 


INDEX. 


Q 

QUORUM 

Of  school  boards  to  transact  business 64 

R 

RECORDS 

Of  school  meetings  and  proceedings  as  evidence 52 

Neglect  of  clerks  to  keep  or  deliver 132 

Of  consolidation  of  districts,  how  made 28 

Of  county  superintendent,  how  turned  over  at  end  of  term 261 

Kept  by  county  superintendents  of  examination  of  teachers 264 

Of  teachers'  certificates  by  county  superintendents 322 

Kept  by  county  superintendents  of  teachers'  certificates 265 

To  be  kept  by  tea  chers 326 

School,  uniform  system  of  prepared  by  superintendent  of  educa- 
tion     251 

Form  of  prepared  by  superintendent  of  education 255 

Of  high  school  board,  how  kept 278 

REGISTERS 

School,  to  be  kept  by  teachers,  contents  of 326 

School,  prepared  by  superintendent  of  education 255 

REHEARING 

In  appeals  on  questions  of  change  of  boundaries 14 

RENEWAL  OF  CERTIFICATES 

First  and  second  grade,  when  may  be  allowed 309 

REPORTS 

By  school  officers  of  violations  of  law,  failure  of 136 

Failure  or  refusal  of  clerks  to  make 130 

By  truant  officers  of  illegal  child  employment 243 

Of  teachers  to  county  superintendents,  contents  of 327 

From  county  superintendents  to  superintendent  of  education....  251 

Of  county  superintendents  to  superintendent  of  education 262 

Of  county  superintendents  to  superintendent  of  education 267 

Of  county  superintendents  to  county  auditors 268 

Of  county  superintendents  to,  failure  of,  penalty 269 

Of  county  superintendents  to  auditor,  failure  of 135 

As  to  condition  of  public  schools  to  superintendent  of  education. .  250 
Of  county  auditors  to  superintendent  of  education  of  apportion- 
ment of  state  school  funds 185 

Of  president  of  university  to  superintendent  of  education 374 

Of  presidents  of  normal  schools  to  superintendent  of  education. . .  386 

Of  university  board  of  regents  to  governor 352 

Of  purchasing  agent  of  state  normal  school  board 382 

Of  county  auditors  to  superintendent  of  education,  failure  of 134 

Of  high  school  board,  annual 278 

Of  children's  employment  certificates  to  commissioner  of  labor..  240 

Of  trustees  of  state  teachers'  retirement  fund 337 

RESIGNATIONS 

Of  school  board,  actions  against  district,  how  commenced 121 

REVOCATIONS 

Of  teachers'  certificates,  causes  of 324 

RULES 

For  school  buildings  by  superintendent  of  education 252 


INDEX.  123 

RURAL  SCHOOLS 

Qualifications  of  for  receiving  state  aid 18.9 

Associated  with  central,  state  aid  for 197 

Association  of  with  central  for  industrial  training 151-163 

Termination  of  association  of 160 

S 

SAMPLES 

Of  school  text-books  to  be  filed  with  superintendent  of  education.  222 

SCHOOLS 

Chapter  relating  to  (see  "Public  Schools") 141-175 

SCHOOL   ADMINISTRATION 

Chapter  relating  to,  superintendents,  teachers,  high  school  board, 
(see  "Teachers,"  "Superintendent  of  Education,"  "County  Su- 
perintendents," "High  School  Board") 247-347 

SCHOOL  BOARDS 

Composition,  qualifications,  elections: 

How  designated,  control  of  schools  by,  terms  of  office 56 

In  common  districts,  composition  of,  terms  of  office 57 

In  independent  districts,  when  elected,  composition 58 

In  independent  districts,  organization  of 59 

Vacancies,  how  filled 61 

Vacancies,  how  filled  by  special  election 62 

Acceptance  of  office,  oaths  to  be  filed 63 

Quorum  of,  what  constitutes 64 

Bonds  of  treasurers 83 

Appointment  of  clerks  in  special  districts 85 

In  unorganized  territory,  county  board  of  education 91-92 

In  districts  of  ten  or  more  townships,  election  of 104 

Compensation  of  members  of 

In  districts  of  ten  or  more  townships 57 

In  common  districts,  per  diem  and  mileage Sub  9-65 

Of  clerk  and  treasurer  in  independent  districts 78 

Of  clerks  in  common  districts 81 

Of  treasurer  in  common  districts 84 

Of  clerks  in  special  districts 85 

Of  clerks  in  unorganized  territory 93 

Of  members  of  boards  in  unorganized  territory 94 

Of  members  in  districts  of  ten  or  more  townships 109 

Same,  for  expenses,  limitation  of 110 

No  additional  compensation  allowed 90 

Powers  and  duties,  regulai 

Management  and  control  of  schools  vested  in 56 

In  independent  districts,  to  publish  proceedings 60 

Same,  general  powers  and   duties 65 

Same,  additional  powers  and  duties  of 66 

Same,  to  acquire  sites  for  agricultural  schools 67 

Same,  to  advertise  for  bids  on  contracts 70 

Same,  contracts,  how  let  by 71 

Same,  special  powers  of 75 

Same,  additional  powers  of 76 

Same,  may  select  depositories  for  funds 87 

Same,  designation  of  depository,  liability  of  treasurer 88 

In  common  districts,  general  powers  of 65 

Same,  additional  powers  of 66 

Same,  to  acquire  sites  for  agricultural  schools 67 


124  INDEX. 

Same,  to  be  peace  officers 69 

Same,  to  advertise  for  bids  on  contracts 70 

Same,  contracts,  how  let 71 

Same,  to  provide  for  pupils  from  adjoining  districts 72 

Same,  to  admit  pupils  from  other  districts 73 

Same,  special  duties  of 74 

Same,  powers  and  duties  of  clerk 79 

Same,  duties  of  clerk  in  general 80 

Same,  duties  of  treasurer  in  general 82 

Same,  may  select  depositories,  liability  of  treasurer 87-88 

Same,  as  to  interest  on  deposits 89 

In  unorganized  territory;  to  fix  salary  of  clerk 93 

Same,  compensation  of  1)3 

Same,  meetings  of,  business  to  be  transacted 95 

Same,  duties  of  clerk 96 

Same,  to  make  annual  tax  levy 97 

Same,  to  provide  buildings  and  school  facilities 98 

Same,  powers  to  be  same  as  in  common  districts 99 

Same,  to  organize  district 100 

Same,  to  make  division  of  funds  between  old  and  new 101 

Same,  duties  upon  division  of  counties 103 

In  districts  of  ten  or  more  townships,  powers  and  duties 105 

Same,  to  publish  proceedings 106 

Same,  annual  tax  levy Ill 

School  boards  to  be  guided  by  opinion  of  attorney  general 86 

Miscellaneous  powers  and  dutres 

Failure  of  members  of  to  serve  after  acceptance,  penalty 129 

May  call  special  meetings,  when  and  how 44 

Meetings  of  called  by  county  superintendents 263 

Contracts  of  for  employment  of  teachers 325 

Contracts  by  in  excess  of  tax  levy  prohibited 179 

Duties  of  as  to  attendance  of  children  at  schools 225 

To  report  names  of  children  not  attending  schools 226 

To  approve  of  teachers'  certificates  of  qualification 302 

Powers  and  duties  of  in  providing  garden  demonstrations 154 

In  special  districts,  may  fix  time  for  annual  meetings 42 

To  fix  qualification  of  teachers  for  industrial  training 153 

Violations  by,  of  school  text-book  law,  penalty 223 

Duties  of  in  taking  school  census 231 

Canvass  of  vote  by,  in  elections  in  independent  districts 48 

Of  associated  rural  districts  for  industrial  training 161 

Of  associated  districts,  powers  and  duties  of 162 

In  consolidated  districts,  powers  of  to  secure  equipment 29 

Power  of  to  establish  elementary  schools  in  jails 174 

Power  to  make  rules  for  schools,  to  enforce  laws 170 

Powers  of  to  suspend  or  dismiss  pupils 171 

To  allow  use  of  school  houses  for  teachers'  examinations 296 

Powers  and  duties  of  in  securing  school  libraries 214 

Authority  to  provide  text-books  for  indigent  pupils 220 

When  to  furnish  free  text-books     218 

Illegal  dealing  in  school  supplies  by  members  of 133 

Duties  of  as  to  teachers'  retirement  fund 334 

To  direct  arrest  of  truants  by  truant  ofiicer 234 

To  commit  habitual  truants  to  state  training  school,  when 233 

Duties  of  as  to  Issue  of  children's  employment  certificates 237 

To  establish  truant  schools  for  truants  and  incorrigible 232 

SCHOOL   BUILDINGS 

Plans  of  to  be  approved  by  superintendent  of  education 252 

Improvement  and  ventilating  of,  duties  of  county  superintendent.  262 

Powers  of  state  board  of  health  as  to 285 


INDB3X.  125 

SCHOOL  CENSUS 

In  districts,  of  children  of  school  age 231 

SCHOOL  DISTRICTS 
Formation  of 

Division  of  state  into,  names,  numbers 1 

Petition  for,  requisites  of  2 

Petition  for,  form  and  contents 3 

Petition  for,  notice  of  hearing  on 4 

Petition  "for,  hearing  on,  order 5 

Set-off  of  land  to  or  from,  petition  for,  notice 6 

Order  of  set-off,  when  and  how  granted 6 

To  be  composed  of  adjoining  territory 7 

Plats  of  on  file  with  county  auditor 8 

Order  for,  appeal  from,  grounds  of 9 

Change  of  boundaries  of 

Petition  for,  form  and  contents 10 

Notice  of  hearing  on  petition  for 10 

Hearing  on  petition  for 10 

Order  for,  requisites  of 10 

When  district  contains  cities  or  villages,  petition 11 

When  district  contains  cities  or  villages,  notice    11 

When  district  contains  cities  or  villages,  hearing    on 11 

Order  for  when  district  contains  cities  or  villages 11 

Proceedings  when  district  contains  city  or  village 11 

Apportionment  of  funds  upon 12 

Appeal  from  order  in,  grounds  of 13 

Rehearing  in,  proceedings  for 14 

Division  of  funds  when  new  district  is  formed  by 15 

Same,  by  county  auditor  when  new  district  is  formed  by 16 

Same,  in  case  of  districts  in  two  or  more  counties 17 

Change  of  common  to  independent 

Provision  for  18 

Notice  of  meeting  for  vote  thereon 19 

Meeting  for  voting  thereon,  conduct  of 20 

Notice  of  change  to  be  given 21 

Meeting  for  organization  and  election  of  officers 21 

Change  from  independent  to  common 

At  annual  or  special  meeting 22 

Notice  of  meeting  for  vote  on 22 

Meeting  for  vote  on,  conduct  of 22 

Officers  of  22 

Consolidation  of  districts  ^ 

When  and  how  effected 23 

Plat  of  when  proposed,  how  made  and  approved. . .' 23 

Duties  of  county  and  state  superintendents 23 

Petition  for,  notice  of  election  on 24 

Conduct  of  election  on 25 

Notice  of  consolidation  and  of  election  of  officers 25 

Appeal  from,  when  and  how  taken 25 

Of  one  or  more  districts  with  existing  district  having  high,  graded 

or  semi-graded  school   26 

Same,  election  of  officers  at  next  annual  election 26 

Of  unorganized  territory  with  existing  district 27 

Certificate  of,  transfer  of  records  and  property ; 28 

Power  of  boards  to  procure  sites  and  equipment 29 

Transportation  of  pupils  in 29 

Teachers  and  pupils,  rooms  and  board  for 29 

Title  to  property,  how  vested 30 


126  INDEX. 

Dissolution  of  districts 

When  and  liow  allowed 31 

Distribution  of  funds  upon 31 

Petition  for,  approval  and  contents  of 32 

Notice  of  hearing  on  petition  for 33 

Appeal  from  order  of  board  in 34 

Disposition  of  funds,  manner  of 35 

Outstanding  obligations,  how  cared  for 36 

Law  of  not  applicable  to  counties  not  having  county  boards  of 

education   37 

Actions  by  and  against 

By  districts,  how  prosecuted 119 

Against  districts,  how  prosecuted 120 

Against  districts,  without  board,  how  commenced 121 

Judgment  against,  how  paid  by  treasurer 122 

Judgment  against,  tax  levy  for  payment  of 123 

Judgment  against,  when  execution  may  issue 124 

Judgment  against,  how  paid  and  satisfied 125 

State  aid  for 

Consolidated,  amounts  of  state  aid  for 203 

Classification  of  consolidated  for  state  aid 204 

Consolidated,  amounts  of  state  aid  for 206 

Consolidated,  state  aid  for  industrial  departments  in 207 

Consolidated,  qualifications  of  for  state  aid 203 

Associated  with  high  school,  state  aid 208 

Miscellaneous 

Special  appointment  and  compensation  of  clerks  in 85 

Vote  of  on  free  text-books 219 

To  furnish  free  text-books,  when 218 

State  aid  to  as  based  on  local  tax  levy 196 

Rural,  associated  with  central  school,  state  aid  for 197 

State  aid  for  when  tax  of  15  mills  not  sufficient 198 

SCHOOL  DISTRICT   INDEBTEDNESS 

When  bonds  may  be  issued  for 112 

Bonds  not  to  be  issued  for  without  vote  of  electors 113 

Nature  of  for  which  bonds  may  be  issued 114 

To  state  of  Minnesota,  issue  of  bonds  for 115 

To  state  of  Minnesota,  proceedings  for  issue  of  bonds  on 116 

SCHOOL  EXAMINERS 

Appointment  of  by  high  school  board,  compensation 279 

Duties  of  .^ 280 

SCHOOL  FUNDS 

Chapter  relating  to  (see  "Funds") 181-185 

On  deposit,  interest  on,  how  computed 89 

Disposition  of  on  dissolution  of  districts 35 

Division  of  on  change  of  districts 15 

Record  of  division  of  on  change  of  district 16 

Apportionment  of  on  enlargement  of  districts  containing  cities  or 

villages  12 

Disposition  of  on  dissolution  of  districts 31 

SCHOOL  GARDEN  DEMONSTRATIONS 

Qualification  of  schools  to  make 154 

SCHOOL  HOUSES 

See  "School  Property." 


INDE3X.  127 

Injuries  to,  penalty 138 

How  provided  in  unorganized  territory 98 

Powers  of  school  boards  to  acquire 65 

Bringing  intoxicating  liquors  into,  penalty 139 

May  be  used  for  holding  teachers'  institutes 293  V^ 

Use  of  for  religious  purposes 66 

Use  of  for  teachers'  examinations 296 

SCHOOL  INDEBTEDNESS 

How  discharged  on  dissolution  of  districts 36 

SCHOOL   INSPECTORS 

Appointment  of  by  high  school  board,  compensation 279 

Duties  of   280 

When  county  superintendents  may  act  as  such 281 

SCHOOL  MEETINGS 

Annual,  time  for  holding  of 42 

Annual,  notice  of,  how  given 42 

Annual,  effect  of  failure  of  notice  of 42 

Annual,  mailing  of  notice  of 43 

Annual,  women  as  electors  at 51 

Annual,  records  of  when  evidence 52 

Annual,  powers  of   53 

Annual,  additional  powers  of  in  common  districts 54 

Annual,  in  districts  of  over  three  hundred  voters,  division  for. ...  55 

Special,  when  and  how  may  be  held 44 

Special,  notice  of,  how  given 44 

Special,  business  to  be  transacted  to  be  stated  in  notice 44 

Special,  additional  powers  of 54 

In  independent  district 

Division  of  district  into  precincts  for 45 

Notice  of,  when  polls  to  be  open 46 

Organization  and  conduct  of 47 

Canvass  of  votes  at,  declaration  of  result 48 

Special,  when  may  be  held,  conduct  of 49 

Application  of  general  laws  to 50 

Miscellaneous  provisions 

Special,  to  fill  vacancies  in  boax^ds 62 

For  change  of  common  to  independent  districts,  conduct  of 20 

To  elect  officers  on  change  from  common  to  independent 21 

For  change  of  common  into  independent  districts,  notice  of 19 

Annual  or  special,  for  change  from  independent  to  common 22 

For  vote  on  petition  for  consolidation  of  districts 24 

For  vote  on  consolidation  of  districts,  conduct  of 25 

Annual  or  special,  vote  on  issue  of  bonds  at 112-113 

Of  officers,  called  by  county  superintendents 263 

SCHOOL  OFFICERS 

Election  of  in  common  districts 53 

Of  districts  associated  for  industrial  training 163 

Election  of  in  districts  having  over  three  hundred  voters 55 

Contracts  by  in  excess  of  tax  levy  prohibited 179 

Meetings  of  may  be  called  by  county  superintendents 263 

To  keep  records  of  non-attendance  at  schools 225 

Failure  of  duty  in  keeping  children  at  school,  penalty 229 

SCHOOL  PROPERTY 

Title  to,  where  vested  on  formation  or  change  of  districts 30 

Transfer  of  on  consolidation  of  districts 28 

Disposition  of  on  dissolution  of  districts 35 


128 


INDBX. 


SCHOOL  SITES 

Title  to  on  formation  or  change  of  districts 80 

For  consolidated  schools,  how  obtained 29 

How  acquired  by  consolidated  districts 68 

How  acquired  by  school  boards  for  agricultural  insti'uctlon 67 

Powers  of  boards  to  acquire  by  condemnation 65 

Bringing  intoxicating  liquors  on,  penalty 139 

SCHOOL  TAXES 

Chapter  relating  to  (see  "Taxation") 167-180 

SCHOOL  TERMS 

Length  of,  school  month,  school  week,  holidays 147 

SCHOOL  TEXT-BOOKS 

Chapter  relating  to  (see  "Text-books,"  "Libraries") 213-224 

SCHOOL   OF    MINES 

At  state  university   362 

SCIENCE 

College  of  at  state  university 359 

SECRET  FRATERNITIES 

Prohibited  in  public  schools 169 

SECTARIAN   INSTRUCTION 

Prohibited  at  state  university 360 

SEMI-GRADED  SCHOOLS 

Definition  of,  instruction  in 145 

SET-OFF 

Of  voter  from  one  district  to  another 6 

SEWING 

State  aid  for  schools  affording  training  in 192 

Training  in  through  association  of  schools 151 

SINKING  FUNDS 

Of  school  districts,  how  invested 117 

SMALLPOX 

Powers  of  state  board  of  health  in  school  matters  over 285 

SPECIAL   SCHOOL   DISTRiSTS 

Formation  of,  petitions  for 2 

SPECIAL  MEETINGS 

In  independent  districts  of  four  or  more  villages 49 

SPECIAL  CERTIFICATES 

Of  teachers,  when  and  how  granted 306 

STATE  AID  TO  SCHOOLS 

Funds  for,  endowment,  annual,  current,  sources  of  each 186 

Annual  fund,  distribution  of  by  state  board  of  education 187 

Endowment  fund,  semi-annual  distribution  of 18S 

Amount  of  to  rural  schools 189 

Amounts  of  to  graded  schools 190 

Amounts  of  to  high  schools 191 


INDEX.  129 

Amounts  of  to  schools  maintaining  industrial  departments 192 

Amounts  of  to  high  schools  -with  teachers'  training  departments.  19u 

Amounts  of  to  classes  of  consolidated  schools 194 

Amounts  and  conditions  of  for  libraries 195 

Amounts  of  as  based  on  local  tax  levy 196 

Amounts  of  to  associated  rural  schools 197 

Current  fund,  distribution  of 198 

Amounts  of  to  certain  schools,  basis  of 198 

High  schools  to  charge  tuition  to  outsiders,  when 199 

Current  fund,  balance  of  how  distributed 200 

Power  of  distribution  of,  where  vested 201 

Qualifications  of  consolidated  schools  to  receive 203 

Classification  of  consolidated  schools  for  receiving 204 

Qualification  of  teachers  of  consolidated  schools 205 

Amounts  of  to  classes  of  consolidated  schools 206 

Old  laws  relating  to  repealed 206 

Amounts  of  for  industrial  departments 207 

Amounts  of  to  rural  and  central  associated  schools 208 

Distribution  of,  authority  where  vested 209 

Manner  of  payment  of  appropriations  lor 210 

Duties  of  county  auditors  in  making  distribution  of 211 

Amounts  of  credited  to  districts,  how  paid 212 

For  libraries,  qualifications  for 214 

STATE  ANNUAL  FUND 

What  is,  distribution  of  to  schools  and  districts 186-212 

STATE  AUDITOR 

Distribution  of  state  current  school  fund  by 198 

Fees  of  teachers'  examinations  to  be  paid  to,  disposition 297 

Duties  of  in  apportionment  of  state  school  fund 182 

To  be  one  of  trustees  of  teachers'  retirement  fund 335 

STATE  BOARD  OF  EDUCATION 

Distribution  of  state  annual  fund  by 187 

Authority  of  to  vest  in  high  school  board,  when 201 

Approval  of  association  of  schools  for  industrial  training 157 

STATE  BOARD  OF  CONTROL 

Control  of  over  university  finances,  contracts,  etc 358 

STATE  BOARD  OF  HEALTH 

As  to  powers  and  duties  of  in  school  matters 285 

STATE  CURRENT  FUND 

What  is,  distribution  of  to  schools  and  districts 186-212 

STATE   ENDOWMENT   FUND 

What  is,  distribution  of  to  schools  and  districts 186-212 

STATE  HIGH  SCHOOL  BOARD 

Authority  of  state  board  of  education  vested  in,  when 201 

To  refuse  state  aid  to  districts  failing  in  school  census 231 

To  prepare  lists  of  books  for  libraries 213 

Part  relating  to  (see  "High  School  Board") 276-287 

STATE  OF  MINNESOTA 

Issue  of  school  district  bonds  to 115-116 

STATE  NORMAL  SCHOOLS 

Chapter  relating  to  (see  "Normal  Schools") 377-336 


130 


INDEX. 


STATE   PRINTER 

Duties  of  as  to  lists  of  school  textbooks 217 

STATE  TEACHERS'  INSURANCE  AND  RETIREMENT  FUND 

Chapter  lelaiiiii,'  to  (see  "Teachers'  Retirement  Fund") 332-316 

STATE  TRAINING  SCHOOL 

Commitment  of  truants  to,  when  and  how 233 

STATE  TREASURER 

To  be  treasurer  of  state  teachers'  retirement  fund 338 

STATE   UNIVERSITY 

t'liapter  relating  to  (see  "University") 318-376 

STATEMENTS 

Monthly,  by  university  purchasing  agent 355 

STATIONERY 

For  county  superintendents,  how  provided 274 

SUMMER  SESSIONS 

Of  state  normal  schools,  organization  of 383 

SUPERINTENDENTS 

Of  schools  in  independent  districts,  duties  of 77 

Of  independent  districts,  compensation  of -  78 

Authority  of  over  associated  schools,  to  prescribe  courses  of  study 

in    158 

In  independent  districts,  election  of 59 

SUPERINTENDENT  OF  EDUCATION 

General  supervision  of  public  schools  vested  in 247 

Office,  assistants,   clerks 248 

Contingent  fund  of,  purposes  of 249 

Powers  and  duties  of,  general 250 

To  prepare  uniform  system  of  records,  blanks,  reports 251 

To  prepare  rules  and  examine  plans  for  school  buildings 252 

Powders  and  duties  of  superintendent  of  public  instruction  vested 

in,  old  office  abolished 253 

Certain  laws  relating  to  repealed 254 

To  prepare  school  registers,  blank  and  record  books 255 

To  proclaim  and  provide  for  observance  of  "Minnesota  Day" 256 

To  direct  manner  of  observance  of  "Minnesota  Day" 257 

Member  of  university  board  of  regents 348 

President  of  university  to  report  to 374 

To  be  one  of  trustees  of  teachers'  reitrement  fund 335 

Director  of  state  teachers'  employment  bureau,  duties 328-321 

Reports  of  county  superintendents  to 267 

Failure  of  "county  auditors  to  report  to ." . . .  134 

Reports  to  of  presidents  of  state  normal  schools 386 

Submission  to  of  plats  of  buildings  and  sites  in  consolidated  dis- 
tricts      29 

To  consider  and  approve  plats  of  consolidated  districts 24 

Duties  of  as  to  state  aid  for  school  libraries 214 

Apportionment  of  state  school  fund  by 181 

Reports  to  from  county  auditors  of  apportionment  of  funds 185 

Appeal  to  on  terms  of  admission  of  pupils  from  adjoining  districts  73 

To  withhold  state  aid  from  districts  failing  to  take  sc'hool  census  231 

Annual  distribution  by  of  lists  of  text-books 217 

Samples  of  text-books  to  be  on  file  with 222 

Powers  and  duties  of  as  to  school  text-books 215 


INDEX.  131 

Violations  of  school  text-book  law  by,  penalty 223 

Duties  of  to  enforce  text-book  law 216 

As  to  teachers'  examinations  and  certificates 

To  provide  for  teachers'  institues 292 

To  determine  times  of  teachers'  examinations 296 

To  pay  expenses  of  teachers'  examinations,  how 298 

When  may  grant  teachers'  special  certificate 306 

When  may  accept  teachers'  certificates  from  other  states 307 

When  may  accept  high  or  normal  school  diplomas 308 

When  may  renew  first  and  second  grade  teachers'  certificates .  . .  309 

To  pay  over  fees  from  teachers'  examinations 297 

Examinations  for  professional  certificates  held  by 312 

May  grant  professional  permits  to  teachers 316 

Endorsement  by  of  advanced  normal  diplomas  as  certificates....  319 

Endorsement  by  of  normal  elementary  diplomas  for  certificates .  .  320 

Endorsement  by  of  normal  two-year  course  certificate 321 

Endorsement  by  of  university  diplomas  as  certificates 313 

Appeal  to  from  refusal  to  grant  teachers'  certificate 310 

Appeal  to  from  suspension  of  teachers'  certificates 323 

SUSPENSIONS 

Of  teachers'  certificates,  how  and  for  what  made 323 

T 
TAXATION 

State,  levy  of 176 

County,  levy  of 177 

District,  levy  of 177 

City,  village,  town,  district,  levy  of  after  vote  on 178 

Contracts  in  excess  of  levy  of  void,  liability  of  officers 179 

Limitation  of  in  common  districts 180 

Limitation  of  in  independent  districts 180 

Levy  of,  amount  of  state  aid  based  on 193 

Levy  of  in  independent  districts 75 

Levy  of  in  associated  districts  for  industrial  training 162 

Levy  of  for  school  purposes  in  unorganized  territory 97 

Levy  of  in  districts  of  ten  or  more  townships Ill 

Levy  of  indebtedness  on  dissolution  of  districts 36 

Levy  of  pay  judgment  against  district 123 

Levy  of,  school  districts  not  to  exceed 74 

TEACHERS 

Chapter  relating  to 288-3-17 

Qualifications  and  training  '"^^^ 

Qualified  definition  of 288 

Not  qualified,  when 289 

Professional  training,  requisites  of 290 

Instrumentalities  of  training  of 291 

Institutes  for  training,  how  and  when  held 292 

Institutes,  duties  of  county  superintendents  as  to 293 

Institutes,  use  of  school  houses  for 293 

Institutes,  county  appropriations  for 294 

Institutes,  schools  may  be  closed  for 295 

Examinations 

Times  and  places  for,  use  of  school  houses  for 296 

Fees  for  taking  of,  how  collected  and  paid 297 

Expenses  of,  how  paid 298 

Branches  and  subjects  of 299 

Conduct  of,  regulations  for 300 

Marking  and  grading  on,  how  made 301 


132  INDEX. 

Professional,   how   conducted 312 

Professional,  subjects  of • 313 

Certificates 

Grades  of  302 

First  grade,  what  aro 305 

Second  grade,  what  are 304 

Second  grade  limited,  what  are 303 

Special,  what  are 306 

Professional,  qualifications  for 311 

First  grade  professional,  what  are 315 

Second  grade  professional,  what  are 314 

Professional  permits,  what  are 316 

From  other  states,  when  may  be  allowed 307 

High  and  normal  school  certificates,  when  good 308 

Certificates  and  diplomas  from  colleges  as 317 

State  university  diplomas  as,  when  valid 318 

Advanced  normal  school  diplomas  as,  when  valid 319 

Normal  school  elementary  diplomas  as,  when  valid 320 

Certificates  of  two-years  course  in  normal  schools  321 

Renewal  of  first  and  second  grades  of,  how  effected 309 

Appeal  from  refusal  to  grant,  how  taken 310 

Records  of  in  office  of  county  superintendents 322 

Suspension  of,  how  effected 323 

Suspension  of,  causes  for 324 

Employment,  powers,  duties 

Employment  of,  when  and  how  made 325 

Contracts  of  employment,  form  and  terms  of 325 

Contracts  of  employment,  qualifications  of  teachers 288 

Employment  bureau,  state,  establishment  of 328 

Employment  bureau,  enrollment  in    329 

Employment  bureau,  purpose  of    330 

Employment  bureau,  how  and  by  whom  conducted 331 

Too  keep  school  registers,  contents  of 326 

To  make  reports  to  county  superintendents 327 

Pensions  and  annuities  for 

Definitions  of  terms  relating  to 332 

State  fund  for,  sources  of 333 

Teachers'  contributions  to,  ho]^;ollected  and  paid 334 

Management  of,  trustees  and  pkvers  and  duties  of 335 

Trustees  of,  meetings,  < ompensai  ion  and  expenses 336 

Trustees  of,  duties,  r(  jmrts,  publication  of 337 

Secretary  of  state  as  n  fasurer  of  funds,  duties 338 

Teachers'  membership  in,  Irnu  of 33y 

Annuities  from,  schedule  of,  how  paid 340 

Termination  of  membership  in,  refundment 341 

Annuities  from  not  subject  to  legal  process 342 

Annuities  from,  reduction   of    343 

Annuities  from,  when  granted   344 

Trustees  of,  election  of  two  of  by  teachers 345 

Law  relating  to  not  to  apply  to  cities  of  first  class 346 

Miscellaneous  powers  and  duties 

General  control  of  .schools  vested  in 146 

Qualification  of  to  give  industrial  instruction 153 

Power  of  to  administer  corporal  punishment 173 

Dwellings  for  in  consolidated  districts 29 

To  keep  separate  registers  of  pupils  from  adjoining  district 72 

Of  private  schools,  duties  of  as  to  attendance  of  pupils 227 

Duties  of  as  to  attendance  of  children  at  schools 226 


INDEX. 


133 


To  give  instruction  in  morals,  physiology,  hygiene 

Rural,  high  school  departments  for  training  of,  state  aid 

Violations  of  school  text-book  law  by,  penalty 

Illegal  dealing  in  school  supplies 

School  blanks  and  circulars  to  from  county  superintendent.... 

Duties  of  county  superintendent  as  to  institutes  of 

Failure  to  pay  wages  of  by  treasurer  owing  to  misuse  of  funds. 
Records  of  examinations  of  kept  by  county  superintendents... 
Record  of  certificates  of  kept  by  county  superintendents 


TEACHERS'  INSURANCE  AND  RETIREMENT  FUND 


Definition  of  terms  in  act  relating  to.  .  . 

State  fund  for,  sources  of 

Teachers'  contributions  to,  how  paid  and  collected 

Management  of,  board  of  trustees,  powers  and  duties  of .  . , 

Trustees  of,  meetings,  expenses,  compensation , 

Trustees  of,  fiscal  year,  reports  and  publication  of 

Treasurer  of,  state  treasurer  to  be,  duties  of 

Membership  in,  conditions  of 

Annuities  from,  schedule  of,  payments  of 

Termination  of  membership,  refundment,  conditions  of .  .  . 

Annuities  from  not  subject  to  legal  process 

Annuities  from,  reduction  of  when  and  how  made 

Annuities  from,  wlien  and  how  granted 

Two  trustees  of  to  be  elected  by  teachers,  when  and  how. 
Act  relating  to  not  to  apply  to  cities  of  first  class 


TERMS 

Of  school,  length  of 

TEXT-BOOKS 

For  school  use  to  be  in  English  langu! 

To  be  furnished  free  by  school  districts,  when 

For  indigent  pupils,  authority  of  boards  to  furnish 

Free,  vote  on,  how  secured 

Samples  of  to  be  on  file  with  superintendent  of  education. 

School,  to  be  chosen  from  lists,  prices  of 

School,  publishers  and  dealers  to  qualify  for  selling 

Attempted  combination  in,  penalty ; 

Violation  of  law  relating  to  by  school  officers 

Violations  of  law  relating  to  by  teachers 

Furnishing  of  without  complying  with  law,  penalty 


TITLES 

To  school  property,  how  vested  on  formation  or  change. 

TOBACCO 

Use  of  by  minors  and  pupils,  penalty 


150 
193 
224 
133 
226 
262 
127 
264 
265 


328 
329 
330 
321 


TEACHERS'  EMPLOYMENT  BUREAU 

Establishment  and  purpose  of 

Who  entitled  to  enrollment  in 

Purpose  of  to  furnisli  information  to  teachers 

Director  of,  superintendent  of  education,  duties 

TEACHERS'  INSTITUTES 

For  training  of  teachers,  when  and  how  held 292 

Same,  duties  of  county  superintendents  as  to 293 

Same,  use  of  school  houses  for 293  Vz 

Same,  county  appropriations  for 294 

Same,  schools  may  be  closed  during  holding  of 296 

May  be  held  by  county  superintendents,  when 271 


66Z 

333 
334 
335 

336 
337 
338 

OOQ 

340 
341 
342 
343 
344 
345 
346 


147 


149 
218 
220 
219 
222 
217 
215 
221 
223 
224 
216 


30 
137 


134 


INDEX. 


TRANSPORTATION 

Of  pupils  to  and  from  schools 

Of  pupils  in  consolidated  districts. 


TRANSFERS 

Of  funds  and  property  on  consolidation  of  districts. 


TREASURERS 

Official  bonds  of 

Term  of  office  of  in  districts  of  ten  or  more  districts 

In  common  districts,  compensation  of 

Compensation  of,  regulation  and  limitation  of. 

Compensation  in  independent  districts 

Compensation  of  in  districts  of  ten  or  more  townships. . . 

Liabilities  of  on  selection  of  depositories  by  district 

Misuse  of  funds  by  and  failure  to  pay  wages  of  teachers. 

Investment  of  school  districts  sinking  funds  by 

Liability  of  on  inA^estment  of  sinking  funds 

Payment  of  judgment  against  district  by 


TRUANTS 

Habitual,  incorrigible  and  wandering,  truant  schools  for. 
Commitment  of  to  state  training  school,  when 


TRUANT  OFFICERS 

Imties  of  as  to  non-attendance  of  children  at  schools. 
Powers  and  duties  of  as  to  child  labor  law 


TRUANT  SCHOOLS 

For  truants,  incorrigible  and  wandering  children 

TUITION 

In  public  schools  to  be  free 

Free  in  division  of  agricultural  extension  and  home  education  of 
university    

Of  non-resident  in  industrial  departments,  state  aid 

Of  high  school  pupils  from  other  districts  maintaining  same 

Free  in  state  normal  schools  to  those  intending  to  teach 


66 
29 


28 


83 

57 

82 

84 

78 

57 

88 

127 

117 

118 

122 


232 

233 


234 
243 


232 


141 

366 
198 
199 
384 


UNIVERSITY 

Chapter  relating  to 


Management 
Board  of  regents,  composiBSjlPTtf,  body  corporate. 

Board  of  regents,  vacancies  in,  liow  filled 

Board  of  regents,  organization  of 

Board  of  regents,  powers  and  duties  of 

Board  of  regents,  reports  of  to  governor 

Board  of  regents,  powers  of  to  accept  bequests. 

Purchasing  agent,  powers  and  duties  of 

Same,  to  submit  statements 

Board  of  regents,  limitations  of  as  to  expenses. . . 
Board  of  regents,  not  to  exceed  appropriations.. 

State  board  of  control,  financial  control  of 

President  of,  powers  and  duties 

Same,  reports  of  to  superintendent  of  education. 

Maintenance  of,  funds  for 

Funds  of,  investment  of,  interest  on 

Organization 
Colleges  and  departments  of 


.348-376 


348 
349 
350 
351 
352 
353 
354 
355 
356 
357 
358 
373 
374 
375 
376 


359 


INDEX.  135 

Sectarian  instruction  in  prohibited 360 

Department  of  pedagogy  in 361 

School  of  mines,  support  of 362 

Agricultural  extension  and  home  education 363 

Same,  purpose  of  work  of 364 

Same,  officers  of,  chiefs  of  divisions 365 

Same,  free  instruction  in  to  residents  of  state 366 

Same,  bulletins  of,  issue  and  distribution 367 

County  agricultural  agents 36S 

Same,  funds  for  under  dean  of  agricultural  college 369 

Same,  apportionment  of  funds  for  to  counties 370 

Same,  contributions  to  by  counties 371 

Same,  co-ordination  of  with  federal  and  state  authority 372 

Diplomas  of,  when  valid  as  teachers'  certificates 318 

UNORGANIZED   TERRITORY 

Consolidation  of  with  existing  district 27 

V 

VACANCIES 

In  school  boards,  how  filled  by  board 61 

In  school  boards,  how  filled  by  special  elections 62 

On  university  board  of  regents,  how  filled 349 

In  state  normal  school  board,  how  filled 380 

VILLAGES 

In  districts  or  greater  area,  enlargement  or  change  of 11 

W 
WARRANTS 

Of  state  auditor  in  apportionment  of  school  funds 182 

WEEK 

School,  length  of,  holidays 147 

WOMEN 

As  electors  at  school  meetings 51 


ft 


I 


'  _^^  ^uw*. 


a 


■i^.-: 


UCLA-Young   Bese.rch   Ubran, 

LB2529   .^A66   1915 

y 


L  009   567  257   2 


T-^^sa^- 


